Pinnacle court orders Varanasi court to pause proceedings till it hears case today
20-05-2022
The order to the judicature to desist from proceeding further came after senior advocate Huzefa Ahamadi voiced apprehensions that further orders from the court may cause irredeemable harm.
The Supreme Court on Thursday ordered the Varanasi court to halt its proceedings within the Gyanvapi mosque suit until the apex court took up the case on Friday.
A Bench led by Justice D.Y. Chandrachud agreed to adjourn the case till 3 p.m. on Friday because the senior lawyer briefed by one in every of the parties, the five Hindu women who are plaintiffs within the suit filed before the judicature in Varanasi and are respondents before the Supreme Court within the petition filed by the mosque’s caretakers against the survey of the mosque premises, was personally indisposed thanks to an illness.
In a reply filed within the court later through the net service, the Hindu women, claimed some of the temple was demolished on the orders of Mughal emperor Aurangzeb within the late 1600s.
Lawyers on each side present before the Bench agreed to not take up the suit proceedings within the Varanasi court till Friday.
The order to the tribunal to desist from proceeding further came after senior advocate Huzefa Ahamadi voiced apprehensions that further orders from the tribunal may cause irredeemable harm.
“We will keep the hearing for tomorrow, until then don’t proceed before the judicature,” Justice Chandrachud addressed advocate Vishnu Shankar Jain, who appeared for the Hindu women.
The Bench directed the court to “strictly abide” by its order to not proceed with the suit proceedings for the nowadays
Mr. Jain agreed to right away convey the Supreme Court’s order to the local lawyer in Varanasi, who would inform the judicature formally.
In the previous hearing on May 17, the Supreme Court had directed the District Magistrate of Varanasi to confirm the protection of the realm where a Shivling was reported to be found while ordering that Muslims shouldn't be restricted or impeded from accessing the Gyanvapi mosque to supply namaz or perform religious observances.
“We don't seem to be disturbing anything but holding everything in balance,” Justice D.Y. Chandrachud had addressed the court after passing the interim order.
“This may be a situation when everybody must cooperate,” Justice P.S. Narasimha, the puisne judge, had also spoken from the Bench.
The court, so as to “obviate any dispute”, had “restricted” a May 16 order of the magistrate which led to the sealing of a little of the mosque premises.
The magistrate, on May 16, had “allowed” an application filed by several Hindu women claiming that a Shivling had been found near the wazu khana (place of ablution) during the inspection of the mosque premises by a Court Commission. the ladies had wanted the judicature to direct the local CRPF Commandant to seal the wazu khana and stop its use with immediate effect. The women’s application had also sought the jurist to order the District Magistrate to limit the entry of Muslims for namaaz and not allow quite 20 of them.
The Supreme Court had “excluded” any of those reliefs “allowed” by the jurist in his May 16 order. Instead, the Bench confined its order to only directing the protection of the particular area during which the Shivling has reportedly been found without affecting the proper of Muslims to supply prayers within the mosque.
“We are balancing the reliefs till the subsequent date of hearing... The District Magistrate will make sure that the place where the Shivling has been found are going to be protected, but this can not in any way restrict or impede the access of Muslims to the mosque for the aim of namaz or prayers as before,” Justice Chandrachud had observed.
