Allahabad High Court on Friday denied to grant an interim stay on the Varanasi court order allowing Hindu prayers in the southern cellar of the Gyanvapi mosque. It asked the Muslim side to amend its plea and adjourned the hearing till February 6.
Justice Rohit Ranjan Agrawal asked the Anjuman Intezamia Masajid Committee which looks after the affairs of the mosque, to first challenge the January 17 order as a result of which the court issued an order on January 31 that allowed Hindu worshippers to conduct rituals in one of the sealed cellars.
The Anzuman Intezamia Masjid Committee had moved the high court within hours of the Supreme Court refusing to hear their plea against the Varanasi district court's order and asking them to approach the high court.
The Varanasi court had ruled on January 31 that a priest can perform prayers before the idols in the southern cellar of the Gyanvapi mosque.
Appearing on behalf of the committee, advocate S F A Naqvi submitted before the court that the order was passed in a "very hurried manner" and on the day of retirement of the judge concerned.
Varanasi district judge Ajaya Krishna Vishvesha retired from service on January 31.
Naqvi further submitted that while passing the impugned order, district judges had not considered their documents.
Advocate Vishnu Shankar Jain, representing the Hindu side, pointed out that the district court by means of order dated January 17 had appointed District Magistrate, Varanasi receiver of the property in pursuance of which he took possession of the same on January 24, reports PTI news agency.
He argued that the order passed on January 31 is only a consequential order. The order dated January 17 has not been challenged, thus the appeal is not maintainable.
On this, Naqvi said he has to move an amendment application challenging the order dated January 17 also.
(With PTI inputs)
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