SC rectifies mistake in Gyanvapi Mosque Case Order, clarifies proceedings

In a recent development, the Supreme Court clarified its order passed on July 24, 2023, in the Gyanvapi Mosque case to address any confusion surrounding the matter. The court had previously mistakenly disposed of the Interlocutory Application (IA) filed by the Anjuman Islamia Masjid Masjid Committee, intending to challenge the Archaeological Survey of India (ASI) survey.

However, the order inaccurately mentioned the dismissal of the Special Leave Petition (SLP) filed by the Committee against the Allahabad High Court’s rejection of its Order 7 Rule 11 CPC plea regarding the maintainability of the Hindu Worshippers’ suit.

Upon realising the error, Senior Advocate Huzefa Ahmadi brought the matter before a bench led by Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. Ahmadi highlighted the inadvertent disposal of the SLP and emphasized that their arguments were solely based on the ASI survey point.

Acknowledging the mistake, the court rectified the order, clarifying that the disposed matter was the IA, not the SLP as initially recorded. The court promptly removed paragraph 10 of the order, which had caused the confusion, thus ensuring clarity on the proceedings.

Source: Live Law

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