'Last opportunity': HC grants 10 days to ASI to file counter-affidavit in Gyanvapi case
Prayagraj (UP)(PTI): The Allahabad High Court on Tuesday granted 10 more days to the Archaeological Survey of India (ASI) as a "last opportunity" to file its counter-affidavit in the Kashi Vishwanath Temple-Gyanvapi Mosque case.
The permission was granted by the court subject to the submission of Rs 10,000 in the Legal Services Committee, Allahabad.
The amount must be deposited on or before October 31, the next date of hearing in the matter.
Justice Prakash Padia passed the order in a petition filed by the Anjuman Intezamia Masjid, the Gyanvapi Mosque management committee in Varanasi.
On the request of ASI for some more time to file the counter-affidavit, the high court observed, "The matter is taken up again, a prayer has been made by Shashi Prakash Singh, Senior Counsel/Assistant Solicitor General of India, assisted by Manoj Kumar Singh, learned counsel for ASI, to grant at least six weeks time to file counter-affidavit.
"Since the civil suit (that) is pending in Varanasi is of the year 1991, in the interest of justice, as a last opportunity, 10 days further time is granted to file a counter-affidavit, subject to payment of Rs 10,000 in the Legal Services Committee, Allahabad," the judge said.
On September 28, the high court had extended till October 31 the interim stay on a Varanasi court order directing the ASI to conduct a survey at the Kashi Vishwanath Temple-Gyanvapi Mosque complex and further proceedings in this case.
The petitioner, Anjuman Intezamia Masjid, and others had filed the petition challenging the maintainability of an original suit filed in 1991 in the Varanasi district court.
The original suit sought restoration of the ancient Kashi Vishwanath Temple at the site where the Gyanvapi Mosque currently stands. The petitioners claimed in the suit that the mosque is a part of the temple.
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Speaker Khader dismisses BJP's charges of 'delay' in swearing-in of Jeevaraj as MLA
Bengaluru (PTI): Karnataka Assembly Speaker U T Khader on Wednesday rejected opposition BJP's allegations of delaying the swearing-in of D N Jeevaraj as MLA, asserting that the process was being handled strictly in accordance with constitutional provisions and rules.
BJP candidate Jeevaraj, who had lost the 2023 Sringeri Assembly election to Congress leader T D Raje Gowda, was declared elected late Sunday night after reverification and recounting of postal ballots in compliance with a High Court order.
The recount reduced 255 votes from Gowda's tally, overturning his earlier victory margin of 201 votes and reversing the result.
The recount followed an election petition filed by Jeevaraj.
Addressing reporters, Khader maintained that there was no delay in administering the oath to Jeevaraj, who was declared elected from the Sringeri Assembly constituency after a High Court-ordered recount of postal ballots.
“Where have we delayed? The application was submitted at 11 am. If an application is given in the morning and by evening someone says it’s delayed — how is that a delay?” he said, dismissing the allegations.
The Speaker said the matter involved 'technical issues' that required examination before fixing a date for oath-taking.
“When such a matter comes, we also need to examine it and take a decision as per rules. If an application is given in the morning, at least 24 hours must be given,” he said.
Khader stressed that his role was bound by the Constitution and not influenced by political considerations.
“When an elected MLA asks for time, we must give it under the Constitution and law. Can we refuse? No, we have to give it,” he said, rejecting suggestions that he was acting under party pressure.
He also underlined the need for trust in democratic institutions amid the controversy.
“A democracy and parliamentary system must function on trust. Without that, how can democracy be strengthened? Trust is essential,” he said, cautioning against creating suspicion around constitutional positions.
On claims that the delay was linked to the ongoing political and legal dispute over the recount, Khader said the issue did not fall within his purview.
“My responsibility is to act as per the Constitution and rules. I will ensure that whatever is due to them is done as soon as possible,” the Speaker explained.
He said he had already communicated his position when contacted and would formally inform the concerned parties. “There is no delay, nor any intention to delay. I will discharge my duties as per the Constitution,” he said.
Khader also pointed to possible legal complications in hastily administering the oath.
“If I give the oath to one person and tomorrow the court declares someone else the winner, what happens then? Will it automatically cancel? Will confusion arise?” he asked, indicating the need for due diligence.
On concerns that Jeevaraj had lost over two years of tenure, the Speaker said representation was linked to that constituency rather than an individual.
“Whoever becomes the MLA represents the constituency. Benefits are not given to an individual,” he said, adding that issues of alleged irregularities should be examined by the Election Commission.
The remarks come after the Leader of Opposition BJP in the Karnataka Assembly, R Ashoka on Wednesday accused the Speaker of 'deliberately' delaying the oath and approached Governor Thaawarchand Gehlot seeking intervention, even suggesting that the Governor administer the oath if required.
Chief Minister Siddaramaiah termed the process 'Vote Dacoity' by Jeevaraj and said an FIR has been registered against the newly elected Sringeri MLA.
Defending the recount process, Jeevaraj denied allegations of tampering, while the High Court has stayed an FIR filed against him in connection with the postal ballot issue.
