New Delhi: The Supreme Court on Wednesday restored the special leave petition filed by the Anjuman Intezamia Masjid Committee, which was inadvertently disposed of on July 24, when order staying survey of the Gyanvapi Masjid till 5 p.m. July 26 was passed by it.
A bench headed by Chief Justice of India (CJI) D.Y. Chandrachud was informed by senior advocate Huzefa Ahmadi, appearing for the mosque management committee that the court while disposing of the application for interim relief had inadvertently ordered for disposal of the main plea as well.
The Supreme Court directed for revival of the pending appeal after Solicitor General Tushar Mehta also acknowledged the inadvertent error.
In an interim relief passed on July 24, the Supreme Court ordered that Varanasi court’s direction allowing an extensive survey of the Gyanvapi Masjid by Archaeological Survey of India will not be enforced till 5 p.m. on Wednesday.
The top court asked the Masjid Committee to move the Allahabad High Court to challenge the order passed by the Varanasi District Court.
The main plea filed by the Anjuman Intezamia Masjid Committee under Article 136 of the Constitution challenges the order of the Allahabad High Court upholding maintainability of Hindu worshipper’s suit filed before the Varanasi court.
In its order passed on May 31, the High Court had dismissed the revision application filed against rejection of application under Order VII Rule 11 of the Code of Civil Procedure (CPC) by the District Judge.
The district court had held that the suit seeking relief of the right to worship the deities located in the disputed property can be tried and is not barred under the Places of Worship Act, 1991, Waqf Act, 1995, or Uttar Pradesh Sri Kashi Vishwanath Temple Act.