Gyanvapi mosque committee's plea against maintainability of suit not dismissed: SC

The Supreme Court on Wednesday rectified an inadvertent error by which it had on Monday disposed of a plea on maintainability of a suit related to Gyanvapi mosque and Kashi Vishwanath temple at Varanasi.

The top court had then put on hold until 5pm on July 26, a Varanasi district court's order allowing an extensive survey of the Gyanvapi Masjid by the Archaeological Survey of India to ascertain whether the mosque was built over a pre-existing Hindu temple.

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On Wednesday, senior advocate Huzefa Ahmadi, representing the Committee of Management Anjuman Intezamia of the Gyanvapi mosque, submitted before a bench led by Chief Justice of India D Y Chandrachud that the court had disposed of the main plea on Monday, instead of its interlocutory application seeking a stay on the ASI survey.

Ahmadi submitted before the bench, also comprising Justices J B Pardiwala and Manoj Misra, that there is a correction required in the Monday order and the court had accidentally disposed of the main special leave petition (SLP) and he had only moved an interlocutory application (IA).

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Meanwhile, the Allahabad High Court resumed hearing on the mosque committee's plea against the ASI survey.

Ahmadi said the Allahabad High Court is hearing the matter and the SLP was against an Order 7 Rule 11 issue, which was not argued before the court on Monday.

He pointed out that it can be argued before the high court that their appeal has been dismissed.

Solicitor General Tushar Mehta, representing the Uttar Pradesh government and the ASI, submitted that he has no opposition to the revival of the mosque committee's petition.

The court rectified the order, clarifying that the disposed matter was, in fact, the IA and not the SLP as assumed earlier.