Page 10 - Allahabad High Court

Gyanvapi case: Allahabad HC likely to announce verdict on ASI survey today

The PIL stated that the entry of non-Hindus should be banned so that the symbols found in the survey (Trident, Lotus and Swastika) are not harmed

Allahabad HC reserves till Aug 3 verdict on ASI survey of Gyanvapi complex

The Allahabad High Court on Thursday reserved till August 3 its verdict on a plea against a Varanasi district court order directing the Archaeological Survey of India to conduct a survey to determine if the Gyanvapi mosque was built upon a temple. The court of Chief Justice Pritinker Diwaker also ordered that the stay on the ASI survey will continue till August 3. The high court was hearing the plea filed by Anjuman Intezamia Masjid, which manages the mosque. Appearing for the state of Uttar Pradesh, Advocate General Ajai Mishra said the state government is there to maintain law and order and that it has no concern with the survey. The counsel for the Hindu side, Vishnu Shankar Jain, submitted that the district court has called for an ASI survey to come to a logical conclusion. He also presented in the court some photographs of the western side of the mosque showing the existence of Hindu idols and their worship. Earlier, when the hearing started in the case, ASI Additional Directo

HC to resume hearing on plea against ASI survey on Gyanvapi premises

The Allahabad High Court will on Thursday resume hearing on a plea against a Varanasi district court order directing the Archaeological Survey of India (ASI) to conduct a survey to determine if the Gyanvapi mosque was built upon a temple. The matter is listed for hearing in the court of Chief Justice Pritinker Diwaker at 3:30 pm. The court had on July 26 extended the stay on the ASI survey on the Gyanvapi mosque premises till Thursday. During the hearing on Wednesday, a senior ASI official was present in the court. The official told the court that the ASI team was not going to "destroy the structure (mosque)" in any way. After hearing the plea by Anjuman Intezamia Masjid, which manages the Gyanvapi mosque, Chief Justice Diwaker posted the matter for further hearing on Thursday. The court ordered that the stay on the ASI survey will continue till then. The mosque committee had moved the high court on July 25, a day after the Supreme Court halted the ASI survey till 5 pm on Wednesda

HC extends stay on ASI survey of Gyanvapi mosque premises till Thursday

The Allahabad High Court on Wednesday extended the stay on a survey of the Gyanvapi mosque premises by the Archaeological Survey of India till Thursday. After hearing a plea by Anjuman Intezamia Masjid, which manages the mosque, against the ASI survey, Chief Justice Pritinker Diwaker posted the matter for further hearing on Thursday. The court ordered that the stay on the ASI survey will continue till then. The hearing of the case will resume at 3:30 pm on Thursday. On Wednesday, the matter was heard by the court in the morning session and hearing resumed at 4:30 in the evening. During the hearing in the evening, ASI officials were also called in the court. Arguments in the matter were presented by the mosque management committee and the Hindu side.

Gyanvapi mosque management moves Allahabad high court over ASI survey

The Allahabad High Court on Tuesday began hearing a plea against a district court order directing the Archaeological Survey of India to conduct a survey to determine if the Gyanvapi mosque in Varanasi was built upon a temple. The plea is being heard in the court of Prakash Padia. On Monday, the Supreme Court had halted the ASI survey till 5 pm Wednesday, allowing time for the mosque management to appeal against the lower court's order. The mosque is located next to the Kashi Vishwanath temple and Hindu litigants in the district court had sought the survey to determine whether a temple existed at the same spot earlier. The Varanasi district court had ordered the ASI Friday to conduct a survey using technologies like ground penetrating radar and excavations, if necessary. The apex court order to pause the survey came while the ASI team was inside the complex.

SC seeks report from HC on Sri Krishna Janmabhoomi-Shahi Idgah dispute

The Supreme Court on Friday directed the Registrar General of the Allahabad High Court to furnish details of suits related to the Sri Krishna Janmabhoomi-Shahi Idgah dispute. A bench of Justices S K Kaul and Sudhanshu Dhulia was hearing a plea challenging the order passed by the high court which transferred to itself all matters related to the dispute pending before a Mathura court. Looking at the nature of the matter, is it not better that the high court tries the matter?. Thinking aloud, if it is tried at a higher level... pendency of matter causes its own disquiet, one side or the other", Justice Kaul observed. Justice Kaul orally observed that multiplicity of proceedings and prolongation are not in the interest of anybody. He said it will be better if the issue is settled at the high court level. The bench then said in its order, We consider it appropriate to ask Registrar of HC to forward to us what are the suits which are sought to be consolidated by the impugned order. The

HC stays coercive action against Congress' Randeep Surjewala in 2000 case

The Allahabad High Court has stayed any coercive action against Congress leader and Rajya Sabha MP Randeep Surjewala till the disposal of his application before a Varanasi court to provide him with legible documents pertaining to a 23-year-old case of damage to public property. Justice Raj Beer Singh passed the order in a petition filed by Surjewala seeking legible and readable documents along with the charge sheet filed in the trial. He had challenged the order of the trial court rejecting his plea for the same. The trial court maintained that legible copies of the charge sheet along with all documents forming part of it had been supplied to the Congress leader. However, Surjewala told the High Court that the copies of several documents supplied by the trial court were not legible. During the course of hearing, the counsel for Surjewala referred to copies of certain documents annexed with the petition and pointed out that the same are not legible. It was argued that the apex cou

SC refuses urgent mentioning of plea in summoning of Adipurush makers

The Supreme Court on Wednesday refused to hear the urgent mentioning of a plea against an order of the Allahabad High Court, which had directed the makers of the controversial movie "Adipurush" to appear before it on July 27. "Adipurush", a retelling of the epic Ramayana, has come under attack for its dialogues and use of colloquial language. A bench headed by Chief Justice D Y Chandrachud asked the counsel appearing for the makers of the movie to mention it on Thursday. The high court on June 30 had directed the makers of the movie to appear before it on July 27 and told the central government to form a committee to give its views on the film. It was hearing separate petitions of Kuldeep Tiwari and Naveen Dhawan seeking a ban on the movie. The high court had ordered director Om Raut, producer Bhushan Kumar, and dialogue writer Manoj Muntashir to appear before it on July 27. It has also directed the central government to constitute a five-member committee to give its view on the f

Plea seeking disposal of survey for Krishna Janmabhoomi-Idgah dismissed

The Allahabad High Court on Monday dismissed a writ petition filed by the Shri Krishna Janambhoomi Mukti Nirman Trust requesting the court to direct the Mathura civil judge to decide its application for scientific survey of Krishna Janmabhoomi-Shahi Idgah mosque premises first before deciding the objections raised against the suit. The objections against the suit were raised by the management committee of the mosque and Uttar Pradesh Sunni Central Waqf Board. Justice Jayant Banerjee dismissed the writ petition filed by the Trust after hearing counsel for the petitioner, Suresh Kumar Maurya, and counsel for the UP Sunni Central Waqf Board, Punit Kumar Gupta. In January this year, the Trust had filed a suit before the civil judge, Mathura, along with a map with a request to protect its interest as well as constitutional rights. It was further requested that Krishna Janmbhoomi be restored at the place where the Shahi Masjid Idgah presently exists. However, the management committee of

Allahabad HC directs makers of 'Adipurush' to appear before on July 27

The Allahabad High Court has directed the makers of controversial movie "Adipurush" to appear before it on July 27 and the central government to form a committee to give its views on the film. A vacation bench comprising Justice Rajesh Singh Chauhan and Justice Shree Prakash Singh was hearing separate petitions of Kuldeep Tiwari and Naveen Dhawan seeking a ban on the movie. The court has ordered director Om Raut, producer Bhushan Kumar, dialogue writer Manoj Muntashir to appear before it on July 27. It has also directed the central government to constitute a five-member committee to give its view on the film as to whether it had hurt the feelings of the public. In an order, it also directed the government to review the decision of granting of certificate to the movie. The order was uploaded on the high court's website late on Friday. The bench has said the secretary of the Ministry of Information and Broadcasting and chairman of Central Board of Film Certification (CBFC) will file

SC disposes of plea of slain Mukhtar Ansari's wife challenging HC order

The Supreme Court on Friday disposed of a plea filed by the wife of gangster-politician Mukhtar Ansari's aide Sanjeev Maheshwari Jeeva, who was shot dead on Lucknow court premises earlier this month, challenging an order of the Allahabad High Court which had dismissed her petition to provide police protection to her husband. A vacation bench of Justices A S Oka and K V Viswanathan said nothing survives in the matter now. "You are seeking relief for whose benefit now? You are seeking relief for the benefit of a person who is no more," the bench said, adding, "Even if we set aside this order (of the high court), can we grant you the relief which was sought before the high court?" The apex court said the petitioner had sought relief from the high court for the benefit of her husband, who is now dead. "Now it is an admitted position that the petitioner's husband is no more. Therefore, no relief can be granted in this SLP (special leave petition). Accordingly, SLP is disposed of," the .

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Adipurush row: Allahabad HC issues notice to writer Manoj Muntashir

The High Court has also asked the Centre what action can be taken under Cinematograph Act 1952

Allahabad High Court slams makers, censor board over Adipurush dialogues

The Allahabad High Court stated that it was fortunate that people did not destroy the law and order situation after watching the film

Allahabad HC stops Al Jazeera from telecasting India....Who lit the Fuse?

The Allahabad High Court on Wednesday restrained Al Jazeera Media Network Private Ltd from telecasting the film "India....Who lit the Fuse?" in the country, considering the "seriousness" of allegations made in a PIL against the movie. Al Jazeera is a news channel based in Doha, Qatar. A bench comprising Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava passed the order on the public interest litigation (PIL) filed by one Sudhir Kumar who argued that the film, if released/broadcast, is likely to create hatred amongst different religious denominations and thereby destroy the secular fabric of India. Prayers were also made to command the respondents 1 to 3 i.e. Union of India, Ministry of Information and Broadcasting and Central Board of Film Certification to review and certify the film in question before its telecast/broadcast. The court also directed the Central government and the authorities constituted under it, to take appropriate measures warranted in law to ensure th

Possession, transportation of cows in UP not an offence: Allahabad HC

The court was hearing bail applications of Yadav, who was arrested and kept in jail for almost three months after six cows, with no signs of physical injury, were recovered from a vehicle

Citizens have right to change their names according to personal will: HC

The Allahabad High Court has ruled that citizens have the right to keep or change their names according to personal preferences, and this comes within the ambit of the Constitution. Justice Ajay Bhanot made the observation on a writ petition filed by one Sameer Rao challenging the UP Madhyamik Siksha Parishad's rejection of his application to get his name changed in the high school and intermediate examination certificates. The high court directed the UP Madhyamik Siksha Parishad to allow the petitioner to change his name from "Shahnawaz" to "Mohammad Sameer Rao" and issue fresh high school and intermediate certificates incorporating the change. "The authorities arbitrarily rejected the application for change of name and misdirected themselves in law. The action of the authorities violates the fundamental rights of the petitioner guaranteed under Article 19(1)(a), Article 21 and Article 14 of the Constitution of India," the court said. The name of the petitioner was recorded as ...

Gyanvapi: HC dismisses Muslim side's plea on right to worship inside mosque

The high court has rejected the mosque committee's challenge to the 5 Hindu women worshippers' suit pending before the Varanasi court

Gyanvapi row: HC to again hear mosque committee's plea on July 14

The Allahabad High Court will further hear on July 14 a plea moved by the Uttar Pradesh Sunni Waqf Board and the Gyanvapi mosque management committee that has challenged the maintainability of a suit filed before a Varanasi court, seeking the restoration of a temple at the site where the mosque exists. The petitioners have also challenged a Varanasi court order dated April 8, 2021, directing the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Gyanvapi mosque complex. After a brief hearing on Friday, Justice Prakash Padia directed that the matter be put up for further hearing on July 14. Justice Padia had reserved his judgment in the matter on November 28, 2022 after hearing both sides at length. The court had also directed that its earlier interim order that had stayed the aforesaid direction of the Varanasi court will continue till the delivery of the judgment. However, in its order dated May 24, Justice Padia said certain clarifications were required

Appointment of an IPS as head of UP Prosecution Directorate is illegal: HC

The Allahabad High Court on Friday declared the appointment of senior IPS officer Ashutosh Pandey as the head of the Uttar Pradesh Directorate of Prosecution as illegal and without authority of law. The court said the appointment was contrary to statutory provisions of the Code of Criminal Procedure (CrPC), which states that a person holding this post must be in practice as an advocate for not less than 10 years and such an appointment should be made with the concurrence of the chief justice of the state's high court. Besides, the court also directed the state government to ensure the appointment of a new director of prosecution within six month's time. Allowing a petition filed by Kishan Kumar Pathak, a division bench comprising Justice Surya Prakash Kesarwani and Justice Jayant Banerji observed, "Provisions of section 25A(2) of the CrPC are mandatory. In the present case, Ashutosh Pandey, neither possesses the essential qualification nor his appointment has been made with the ...