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Allahabad HC chief justice to hear KV-Gyanvapi case on Sept 12
Earlier, on July 25, 2023 another single bench of Justice Prakash Padia had reserved verdict in the case and had fixed August 28 for delivery of judgment
The Allahabad high court on Monday fixed September 12 as the next date of hearing in the Kashi Vishwanath-Gyanvapi mosque dispute case. When the matter came before chief justice (CJ) Pritinker Diwaker for hearing, a mention was made on behalf of Anjuman Intezamia Masjid Committee (AIMC), Varanasi, that the matter was heard at length by another single judge of the high court and judgment was reserved.
Counsel for AIMC senior advocate SFA Naqvi said the counsel for both sides had argued at length before that single judge bench. “Therefore, proprietary demands that judgment has to be delivered by that bench,” he said. He further said in the Amar Singh case filed in 2006, a full bench of the high court had ruled that a matter partly heard by a bench has to be heard by that very bench itself.
However, the chief justice said as per the high court rules when judgment in a case is not delivered even after completion of hearing, the case stands released and the chief justice being ‘master of the roaster’ has the power either to send the case to another bench or hear the case.
The CJ then said that since March 15, 2021, the judgment in this case was reserved many times but the same was not delivered. At this, the counsel for AIMC made a request for adjournment of the case urging that he needed some time to study the case afresh. So, September 12 was fixed as next date of hearing.
Moreover, during the course of hearing, chief justice made a comment on media reporting and said when he was hearing another case related to ASI survey of the barricaded area of the Gyanvapi mosque earlier, some Hindi newspapers used to report arguments which were neither argued before the court nor were placed in any manner.
Earlier, on July 25, 2023 another single bench of Justice Prakash Padia had reserved verdict in the case and had fixed August 28 for delivery of judgment. However, the matter was listed for hearing before the single bench headed by Allahabad high court chief justice Pritinker Diwaker on Monday.
The pleas before the court include a challenge to the maintainability of a suit filed before a Varanasi court, seeking restoration of a temple at the site where the Gyanvapi mosque exists. The petition also challenges a Varanasi court direction to the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Gyanvapi mosque. The order was passed on April 8, 2021.
The U.P. Sunni Waqf Board and the management committee of the Gyanvapi mosque had filed the petition. Justice Prakash Padia had earlier on March 15, 2021 and then on November 28, 2022 reserved his judgment after hearing both sides at length.
On May 24, 2023, the case was listed for further hearing and justice Prakash Padia observed, “While dictating the judgment in the aforesaid cases, it transpires that certain more clarifications are required from the counsel for the parties. In this view of the matter, put up along with other connected matters for further hearing on May 26, 2023 at 12 noon.” On the next date, he had again reserved the judgment in the case.
To recall, on April 8, 2021, the Varanasi court, while hearing a suit seeking restoration of the temple at the Gyanvapi mosque site, had directed the ASI to conduct a comprehensive survey of the Gyanvapi mosque complex. Subsequently, the Varanasi court’s order was challenged by the Anjuman Intezamia Masjid Committee (AIMC) that manages the Gyanvapi mosque and UP Sunni Central Waqf Board before the high court.
