Supreme Court Clarifies Order in Gyanvapi Case, Says Mosque Committee's Petition Challenging Maintainability Of Suit Not Disposed
On Wednesday, the Supreme Court issued a clarification regarding its order passed on July 24, 2023 in the Gyanvapi Mosque case, aiming to clear up any confusion surrounding the matter. The order, which was meant to dispose of the Interlocutory Application (IA) filed by the Anjuman Islamia Masjid Committee concerning the Archaeological Survey of India (ASI) survey, mistakenly mentioned that...
On Wednesday, the Supreme Court issued a clarification regarding its order passed on July 24, 2023 in the Gyanvapi Mosque case, aiming to clear up any confusion surrounding the matter. The order, which was meant to dispose of the Interlocutory Application (IA) filed by the Anjuman Islamia Masjid Committee concerning the Archaeological Survey of India (ASI) survey, mistakenly mentioned that the Special Leave Petition (SLP) filed by the Committee challenging the Allahabad High Court's dismissal of its Order 7 Rule 11 CPC plea against the maintainability of Hindu Worshippers' suit was disposed of.
In view of this mistake in the order, the matter was mentioned by Senior Advocate Huzefa Ahmadi before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. He said-
"There is a correction needed in the Monday order. Your lordships accidentally disposed the SLP. We had moved for the IA. The only problem is that the matter is going on before the Allahabad High Court on a day to day basis. The SLP is against an Order 7 Rule 11 issue...that has been disposed of but we never argued on that. We only argued on the ASI survey point. Now before the Allahabad HC, it can be argued that our appeal has been dismissed."
CJI listened to Ahmadi's explanation and called upon the Solicitor General of India, Tushar Mehta, who was representing the State of Uttar Pradesh and the Archaeological Survey of India (ASI) in the case. SG Mehta acknowledged the mistake in the order. Upon realizing the mistake, CJI Chandrachud promptly corrected the order, stating that the disposed matter was, in fact, the IA and not the SLP as earlier assumed. He announced that paragraph 10 of the order, which caused the confusion, would be deleted to rectify the misunderstanding. He said–
"Mr Ahmadi has mentioned proceedings for correction insofar as it records that SLP has been disposed. He states that the SLP arises from dismissal of Order 7 Rule 11. What was pressed was disposal of IA only. SG Mehta, for State of UP and ASI, states that what has been disposed of is above IA and not the SLP. The inadvertent error has been rectified. Para 10 shall be deleted...Mr Ahmadi states that the private parties have also been informed by their counsels."
The Masjid Committee had moved the High Court in October 2022, days after the Varanasi Court dismissed its plea (filed under Order 7 Rule 11 CPC) challenging the maintainability of a suit filed by five Hindu women (plaintiffs) seeking worshipping rights in the Gyanvapi Mosque compound. In its order, the Varanasi District Judge Ajay Krishna Vishwesha had observed that the suit of the plaintiffs is not barred by the Places of Worship (Special Provisions) Act, 1991, The Waqf Act 1995, and the U.P. Shri Kashi Vishwanath Temple Act, 1983 .
The Masjid Committee moved a revision plea in the Allahabad High Court against this order of the Varanasi court. The Allahabad High Court dismissed the same and upheld the September 12, 2022 order of the Varanasi Court holding the said suit to be maintainable.
Later, the plaintiffs filed an application before the trial court for ASI survey of the property, which was allowed on July 21. On July 24, the Supreme Court stayed the ASI survey till 5PM, July 26 to enable the Committee to challenge the order before the High Court.
At present, the hearing of the Mosque Committee's petition is ongoing before the bench led by Chief Justice of Allahabad High Court. Live updates from that hearing can be followed here.