Change advocate commissioner, ensure impartiality: Plea in court

VARANASI: The lawyer of respondent Anjuman Intezamia Masjid Committee (AIMC) on Saturday requested a local court to change the advocate commissioner for the survey and videography of the Gyanvapi mosque premises in the case related to the daily worship of Goddess Shringar Gauri.
After hearing the arguments, the court of the civil judge (senior division) Ravi Kumar Diwakar directed the plaintiffs and advocate commissioner to present their side in this regard in the court and fixed May 9 as the next date for hearing on the application.
According to the court’s order, in an appeal on behalf of the respondent (no. 4) Anjuman Intezamiya Masjid Committee, it was submitted that the court should remove the advocate commissioner Ajay Kumar Mishra, and appoint some other senior lawyer as advocate commissioner.
The main premise of the respondent has been that the advocate commissioner is not paying any heed to them. The advocate commissioner is biased and is working under the pressure of the plaintiffs, the committee said.
The matter was argued by Abhay Nath Yadav on behalf of Anjuman Intezamiya Masjid Committee and the district government advocate (civil) Mahendra Pandey on behalf of the respondent (no. 1) Uttar Pradesh government through chief secretary, respondent (no. 2) district magistrate of Varanasi and respondent (no. 3) Varanasi Police Commissioner.
On behalf of respondents no. 1- 3, the district government advocate (civil) said that the application has been submitted by Anjuman Intezamiya Masjid Committee with the intention to ensure that survey and videography are not taken up. “The work is being done impartially by the advocate commissioner,” said Pandey.
The court observed that it is an interesting situation that the advocate commissioner has been questioned by respondent no. 4, whereas he is being called impartial by respondents no. 1-3.
“But the copy of the application in question has not yet been made available to the advocate of the plaintiffs, nor is the advocate commissioner present to put his side. Therefore, it would be justified that the plaintiffs should be given a copy of the application,” said the court, adding that objections are invited on the application.
The court directed the plaintiffs and advocate commissioner to present their side in this regard on May 9 and appear before the court for hearing on the application.
The survey and videography of the Gyanvapi premises started on Friday afternoon amid tight security in presence of the parties involved following the order of the court. The lawyer of Anjuman Intezamiya Masjid Committee had on Friday made it clear that he would file a petition for the change of advocate commissioner alleging that his conduct was not impartial.