LUCKNOW: A division bench of Allahabad High Court, headed by Chief Justice Pritinker Diwaker, on Monday adjourned the hearing of a bunch of petitions challenging the maintainability of the title suit seeking restoration of temple in place of Gyanvapi mosque till September 12. The hearing in the matter had been already concluded by the bench of Justice Prakash Padia on July 23, and had reserved the order to be delivered on Monday.
Earlier, the cases related to Kashi Vishwanath-Gyanvapi mosque title suit were transferred to a different bench, headed by CJ Diwaker on August 25, just a month after the single judge bench of Justice Padia concluded the hearing and had reserved the order to be delivered on August 28. In fact, Justice Padia had been hearing the matter since August 2021.
On Monday, Anjuman Intezamia Masajid (AIM), for the mosque management committee, objected to the transfer of the cases to the bench of CJ a month after the conclusion of the hearing in the matter. “The hearing in the matter was completed. The order was reserved and it had to be delivered today (Monday),” said the AIM lawyer and underlined Amar Singh Vs State of UP, where a full bench of the High Court had ruled that a matter partly heard by a bench had to be heard by that very bench itself.
On the contrary, the opposite side’s (Hindu side) lawyer, Advocate Puneet Gupta said that it was the prerogative of the CJ to withdraw the case from a bench, where even after exhaustive arguments, the judgement was not delivered. He said it was the settled law that the CJ was the master of roaster and that he could decide which bench would hear what matters.
However, the CJ Diwaker said he will decide after the AIM submissions. The matter pending in the court includes a challenge to maintainability of a suit filed before a Varanasi Court, seeking restoration of a temple at the site where the Gyanvapi mosque exists.
The application was filed in a suit filed by the Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others in the year 1991 claiming the restoration of the land on which the Gyanvapi Mosque stands to Hindus. The Plaintiffs, in the suit, sought a declaration that the land on which the Mosque is built on the ruins of the Kashi Vishwanath temple. The suit has been challenged before the HC.
