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Before the Varanasi local court, the Ancient Idol of Swayambhu Lord Vishweshwar and 5 others filed a suit in 1991 seeking removal of the Gyanvapi Mosque and restoration of the land to Hindus
Supreme Court has refused to interfere with Allahabad High Court Chief Justice Pritinker Diwaker's decision to reexamine the issue involving the Kashi Vishwanath-Gyanvapi land title dispute.
A CJI DY Chandrachud led bench also comprising Justice JB Pardiwala and Justice Manoj Misra on Friday dismissed a Special Leave Petition filed by Anjuman Intezemia Masajid Varanasi challenging the High Court Chief Justice's transfer order.
In August, the judgment for the Kashi Vishwanath-Gyanvapi land title dispute, reserved on July 25 by a single judge bench of the Allahabad High Court, was postponed after the cause list indicated that the case would be reexamined by Chief Justice Pritinker Diwaker.
It is noteworthy that earlier, on July 25, while reserving the judgment, the bench of Justice Prakash Padia had noted the multiple deferment of the judgment in the matter which has been pending since long. He had stated that the judgment had been postponed on various occasions due to the need for clarifications from both sides' counsel, leading to further hearings.
Supreme Court on Friday expressed its disinclination to interfere with the High Court Chief Justice's order while noting that the previous judge had not delivered the judgment despite reserving it in 2021 and holding seventy-five hearings.
Senior Advocate Huzefa Ahmadi, appearing for the Mosque Committee told court that the single judge had been hearing the matter since 2021.
Notably, the Supreme Court had on August 4 refused to stay the survey being carried out at the disputed Gyanvapi site by the Archeological Survey of India (ASI).
The Anjuman Intezamia Mosque Committee had approached the Supreme Court of India challenging the Allahabad High Court's refusal to interfere with the order of the Varanasi Court passed on July 21 directing the Archeological Survey of India (ASI) to conduct a survey of Gyanvapi without causing any damage.
The impugned order of the district court was passed in an application filed in the suit pending before the local court for year-round permission to worship Hindu gods inside Gyanvapi.
Notably, the Allahabad High Court has already allowed an ASI survey/ scientific survey of the alleged Shivlingam found at Gyanvapi for evaluation of its age.
Case Title: Anjuman Intezamia Masazid Varanasi vs. The 1st Additional District Judge And Ors.
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