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Synopsis

The Allahabad High Court has recently rejected an application filed by Anjuman Intazamia Masazid Varanasi, which manages the Gyanvapi premises, to identify the applicant, on whose application, the Chief Justice had passed the administrative order to withdraw the cases pertaining to the Kashi Vishwanath Temple-Gyanvapi land title dispute from the earlier bench to his court.

The bench of Chief Justice Pritinker Diwaker said 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 itself", he emphasised in the order dated September 18, 2023.

He added that the limited purpose served by the application dated July 7, 2023, which as per his earlier order was filed by the counsel appearing for one of the parties to the proceedings, was 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".

He highlighted that 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.

"Filing of an application on the judicial side or making of prayer to defer the hearing in the matters, for such reasons, appears to be wholly uncalled for," the Chief Justice held. 

In its application, the mosque management committee had prayed for providing the copy of the complaint so that name and identity of the counsel as well as the party who had moved the application dated July 27, 2023 before the Chief Justice for transferring the case to some other bench could be ascertained.

"The same may also be then verified that whether such an application had been filed by an advocate appearing on behalf of opposite parties/plaintiff", the application of the committee stated.

As an interim relief, the committee sought direction that "in the meanwhile present proceedings be not restarted in the interest of justice".

Before the bench of Chief Justice, the counsel for the committee also argued that the identity of the applicant was necessary to be known before the hearing proceeds in the petitions, any further. Therefore, he made a prayer to defer the hearing of the petitions, till then.

However, the Chief Justice held that which party invited the attention of the Chief Justice to procedural impropriety in conduct of hearing or who moved the application were of little significance.

"These aspects ought to have been taken note of by the Registry on its own. However, as the case file itself was not restored to the concerned section, as was required in terms of the procedure settled, the office apparently could not secure compliance of necessary procedures for hearing of the cases," he ordered. 

Therefore, stressing that now when correct facts had been noticed and necessary orders had been obtained from him, on the administrative side, which were specified in the previous order dated August 28, 2023, there was no occasion for him not to proceed with the hearing of the cases.

Accordingly, he posted the matter for further hearing on October 4, 2023. 

Reexamination of the Kashi Vishwanath-Gyanvapi land title dispute case has recently commenced before the bench of Chief Justice.

When the matter was first placed before the Chief Justice's court on August 28, Anjuman Intazamia Masazid Varanasi questioned the propriety on part of the bench to proceed with the hearing of the cases. 

The committee alleged that this course adopted on the administrative side was against propriety and, therefore, liable to be withdrawn with further directions issued for the cases to be placed before the same bench which had concluded the hearing.

However, the Chief Justice held that there had been jurisdictional impropriety and procedural aberration in the matter.

Further details of the matter can be read here.

Case Title: Anjuman Intazamia Masazid Varanasi v. Ist A.D.J. Varanasi And Others and Connected Matters