SC nixes Masjid Committee’s plea against HC decision in Gyanvapi row

The Supreme Court on Friday dismissed the plea filed by the Anjuman Intezamia Masjid Committee, which challenged the administrative decision of the Allahabad High Court’s chief justice to transfer the Gyanvapi case from a single-judge bench that had been hearing it since 2021. The single-judge bench was hearing a plea that questioned the suitability of a suit seeking the restoration of a temple on the site currently occupied by the Gyanvapi mosque in Varanasi.

After hearing the arguments put forth by senior advocate Huzefa Ahmadi, who represented the mosque committee, a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra announced the dismissal of the plea. The bench stated, “We should not interfere with the order of the chief justice of the high court… In high courts, it is a very standard practice. This must lie in the realm of the chief justice of the high court.”

The Anjuman Intezamia Masjid Committee (AIMC) challenged the withdrawal of the case from the single-judge bench and its reassignment to another bench by the chief justice of the high court. Before dismissing the plea, the Chief Justice perused the reasons for transferring the case but chose not to disclose them in open court.

On October 30, the Allahabad High Court adjourned the hearing until November 8 regarding the AIMC’s petition. On November 2, a Varanasi court granted an extension to the Archaeological Survey of India (ASI) until November 17. The ASI had indicated that it had “completed” the survey of the Gyanvapi mosque complex but required additional time to prepare the report. The ASI was initially expected to submit the survey report by November 6, 2023.