Judge Heard Gyanvapi Case for 2 Years Without Jurisdiction

Judge Heard Gyanvapi Case for 2 Years Without Jurisdiction
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Cases related to the Kashi Vishwanath-Gyanvapi title suit were withdrawn recently from a single-judge bench of the Allahabad High Court as it was hearing the case without jurisdiction, Chief Justice Pritinker Diwaker has said. In his order, Justice Diwaker described the hearings by Justice Prakash Padia as an instance of judicial impropriety. The Chief Justice highlighted that the single judge continued hearing the cases for over two years despite lacking jurisdiction as per the roster. The decision to withdraw the cases from the single judge and assign them to the Chief Justice himself was made to ensure judicial propriety, judicial discipline, and transparency in listing the cases. The cases included pleas by Anjuman Intezamia Masjid – the Gyanvapi mosque management – challenging the maintainability of a suit by Hindu parties seeking restoration of Lord Vishweshwar temple at the site where the Gyanvapi mosque exists in Varanasi. Another petition challenging a Varanasi court direction in 2021 to conduct an ASI survey of the Gyanvapi mosque has also been clubbed with the AIM petition. Justice Padia held the final hearing on July 25, 2023, and the Chief Justice withdrew the case shortly before the judgment day. The Chief Justice dismissed objections from AIM, which argued that Justice Padia had previously heard the matter on numerous occasions. The AIM criticized the administrative decision and called for its reversal. The matter was scheduled to be heard by Justice Diwaker on Tuesday but faced a lawyers’ protest, resulting in a rescheduled hearing on September 18. The Chief Justice emphasized that the decision to withdraw the cases was prompted by a complaint filed by one of the parties involved, and he recognized the importance of procedural observance in upholding faith in the justice system.

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TIS Staff

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