Unanticipated change: Gyanvapi Mosque cases handed over to Chief Justice Diwaker
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Varanasi: The proceedings of several cases related to the Gyanvapi mosque in Varanasi have been transferred to the Allahabad High Court Chief Justice Pritinker Diwaker, a month after a verdict was reserved by a different bench.
The cases before the High Court involve a range of issues, including a challenge to the maintainability of a suit filed in a Varanasi court. This suit seeks the right for Hindu devotees to pray within the mosque premises.
Another significant aspect of the proceedings revolves around a plea submitted by the Anjuman Masjid Committee, the mosque's caretaker, which challenges a 2021 order from the Varanasi court. The order mandated an archaeological survey of the mosque complex to determine whether a Hindu temple was partially demolished to construct the Gyanvapi mosque during the 17th century.
Justice Prakash Padia had been presiding over these cases since August 2021 and had reserved his orders for the matter on July 25, with the verdict scheduled to be announced on August 28. However, the sudden transfer of these cases to Chief Justice Pritinker Diwaker's bench has left many puzzled, as no clear explanation has been provided for the change.
During the recent hearing on Monday, Senior Advocate SFA Naqvi, representing the Muslim side, expressed confusion and objection over the unexpected transfer of the cases. He pointed out that no directive had been issued for such a transfer and cited a 2006 judgment of the Allahabad High Court, asserting that a case partially heard by a judge should be continued under the same bench.
Advocate Puneet Gupta, representing the Hindu petitioners, countered Naqvi's argument by stating that the Chief Justice has the authority to withdraw cases from a bench, especially if the judgment hasn't been delivered yet. He noted that the Chief Justice holds the power to allocate cases, emphasizing the principle that he is the "master of the roster."
In response, Chief Justice Pritinker Diwaker expressed his willingness to recuse himself from the case if the arguments presented by the Muslim side were satisfactory. The proceedings are set to resume on September 12, shedding light on the ongoing legal intricacies surrounding the Gyanvapi mosque in Varanasi.