Gyanvapi case: SC declines to intervene in Allahabad CJ’s order

Supreme Court refuses to interfere with Allahabad Chief Justice's order to withdraw Hindu claims over Gyanvapi Mosque premises from High Court judge. CJI D.Y. Chandrachud said "certain things should remain within realm of Chief Justice of High Court". Chief Justice Diwaker said withdrawal was in interest of judicial propriety, discipline and transparency in listing of cases.

The Supreme Court on November 3 refused to entertain an appeal filed against an order of the Allahabad Chief Justice Pritinker Diwaker withdrawing petitions connected to Hindu claims over the Gyanvapi mosque premises from the High Court judge hearing them.

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud declined to interfere with Chief Justice Diwaker’s order in August while observing that “certain things should remain within the realm of Chief Justice of the High Court.

The special leave petition against the order of Chief Justice Diwaker was filed by the mosque’s management, Anjuman Intazamia Masjid.

Senior advocate Huzefa Ahmadi, for the mosque management, said the withdrawal of the case from the Single Judge Bench of Justice Prakash Padia was “actually an abuse of process”.

Mr. Ahmadi said though it was true that the mosque management was duty-bound to argue the case before any Bench of the High Court, Justice Padia had been extensively hearing the case since 2021. The senior lawyer said the case had in fact been reserved for judgment.

The apex court was however not impressed and drew Mr. Ahmadi ‘s attention to certain paragraphs in Chief Justice Diwakar’s order giving reasons for his decision to withdraw the case from the Single Judge Bench.

“We should not interfere with the power of the Chief Justice,” the CJI addressed Mr. Ahmadi.