Gyanvapi row: Why Allahabad HC chief justice withdrew cases from single-judge bench

Prayagraj: Allahabad High Court Chief Justice Pritinker Diwaker has passed an order specifying the reasons for the withdrawal of cases related to the Kashi Vishwanath-Gyanvapi land title dispute from a single-judge bench that had been hearing the matter since 2021.

Chief Justice Diwaker said that the decision to withdraw the cases from single-judge bench of Justice Prakash Padia to his court was taken on the administrative side in the "interest of judicial propriety, judicial discipline, and transparency in the listing of cases".

Justifying his decision, the chief justice said, "Single judge continued with the hearing of these cases for more than two years even though he had no jurisdiction in the matter as per the roster." 

In his order dated August 28, the chief justice also mentioned that it was a complaint made on July 27, which was filed by one of the parties to the dispute that led him to take note of such impropriety. It was pointed out in the complaint that Justice Padia has already heard the matter on at least 75 occasions before fixing the matter for pronouncement of judgment on August 28.

During the course of the August 28 hearing, a mention was made on behalf of Anjuman Intezamia Masjid, the committee which manages the Gyanvapi mosque, that the matter was heard at length by another single judge of the high court and judgment was reserved by it. The mosque committee had said that this administrative decision was inappropriate and should be reversed.

However, the chief justice had said according to the high court rules, when a judgment in a case is not delivered even after completion of the hearing, the case is deemed to stand released and the chief justice being "master of the roster" has the power either to send the case to another bench or hear the case himself.