New Delhi: The Supreme Court on Wednesday revived a Gyanvapi panel plea it inadvertently disposed of on July 24 while staying an Archaeological Survey of India (ASI) survey on the mosque premises to determine if it was built upon a temple.
A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra took note of the submissions of senior advocate Huzefa Ahmadi, appearing for the Committee of Management Anjuman Intezamia of the Gyanvapi mosque. He said the main plea was disposed of by the court on the last date of hearing instead of the interim plea seeking halting of the ASI work.
Mosque built upon temple?
On July 24, the top court halted till 5 pm Wednesday a ''detailed scientific survey'' by the ASI to determine if the mosque located next to the Kashi Vishwanath temple in Varanasi was built upon a temple. Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government and the ASI, said he has no objection to the revival of the special leave petition of the mosque committee.
Mosque committee sought dismissal of Hindu lawsuit
In the main plea, the mosque committee has sought dismissal of the lawsuit of the Hindu party in the Varanasi district court under Order 7 Rule 11(c) of the Civil Procedure Code for filing it on a paper which has not been duly ''stamped and authorised''.
“Solicitor General Tushar Mehta... states that what has been disposed of is the SLP (special leave petition) instead of the interim application. The inadvertent error has been rectified. The paragraph 10 (of July 24 order) shall be deleted,” the bench ordered and revived the plea.
