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Express News Service
LUCKNOW: The Allahabad High Court chief justice has rejected an application filed by Anjuman Intezamia Masajid (AIM), the management committee of Gyanvapi mosque in Varanasi, urging the court to disclose the name of counsel or party who had moved an application for transferring Gyanvapi mosque title dispute case from the judge who had reserved judgment in the matter to another court.
In the same application, the AIM had also submitted that the present proceeding may not be restarted till disclosure of name in the interest of justice. Rejecting AIM’s application, chief justice Pritinker Diwaker termed it as ‘bereft of any merit’. He directed to list the bunch of cases relating to Gyanvpai title dispute on October 4, 2023 for further hearing. The chief justice observed that the identity of the applicant, who highlighted the procedural impropriety in hearing of the writ petitions, was not material.
“What is material and important is the sanctity of the court proceedings. The limited purpose served by the application dated July 27, 2023 is that the procedural impropriety arising in the proceedings got highlighted before the chief justice, on the administrative side, so that mandatory procedures for hearing of writ as per the rules of the court are complied with. It is otherwise open for any party to apply for inspection of records of the writ proceedings and ascertain the identity of the applicant who filed the said application dated July 27,” said justice Diwaker.
He added that filing of an application on the judicial side or making of prayer to defer the hearing in the matters, for such reasons, appeared to be uncalled for. In the present bunch of petitions filed by AIM and four others, the petitioners challenged the maintainability of the suit filed before a Varanasi court seeking restoration of a temple at the site where the Gyanvapi mosque exists. One petition, which is connected with these petitions, has also challenged a Varanasi court direction (dated April 8, 2021) to the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the entire premises of Gyanvapi mosque.
Identity of applicant was not material, says DiwakerRejecting AIM’s application, chief justice Pritinker Diwaker termed it as ‘bereft of any merit’. He said that the identity of the applicant, who highlighted the procedural impropriety in hearing of the writ petitions, was not material. The matter was listed for further hearing on October 4.
LUCKNOW: The Allahabad High Court chief justice has rejected an application filed by Anjuman Intezamia Masajid (AIM), the management committee of Gyanvapi mosque in Varanasi, urging the court to disclose the name of counsel or party who had moved an application for transferring Gyanvapi mosque title dispute case from the judge who had reserved judgment in the matter to another court.
In the same application, the AIM had also submitted that the present proceeding may not be restarted till disclosure of name in the interest of justice. Rejecting AIM’s application, chief justice Pritinker Diwaker termed it as ‘bereft of any merit’. He directed to list the bunch of cases relating to Gyanvpai title dispute on October 4, 2023 for further hearing. The chief justice observed that the identity of the applicant, who highlighted the procedural impropriety in hearing of the writ petitions, was not material.
“What is material and important is the sanctity of the court proceedings. The limited purpose served by the application dated July 27, 2023 is that the procedural impropriety arising in the proceedings got highlighted before the chief justice, on the administrative side, so that mandatory procedures for hearing of writ as per the rules of the court are complied with. It is otherwise open for any party to apply for inspection of records of the writ proceedings and ascertain the identity of the applicant who filed the said application dated July 27,” said justice Diwaker. googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
He added that filing of an application on the judicial side or making of prayer to defer the hearing in the matters, for such reasons, appeared to be uncalled for. In the present bunch of petitions filed by AIM and four others, the petitioners challenged the maintainability of the suit filed before a Varanasi court seeking restoration of a temple at the site where the Gyanvapi mosque exists. One petition, which is connected with these petitions, has also challenged a Varanasi court direction (dated April 8, 2021) to the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the entire premises of Gyanvapi mosque.
Identity of applicant was not material, says Diwaker
Rejecting AIM’s application, chief justice Pritinker Diwaker termed it as ‘bereft of any merit’. He said that the identity of the applicant, who highlighted the procedural impropriety in hearing of the writ petitions, was not material. The matter was listed for further hearing on October 4.
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