The plea by the Gyanvapi panel, which had been accidentally disposed of on 24 July, was revived by the Supreme Court on Wednesday (26 July).
The court had previously stayed an Archaeological Survey of India (ASI) survey at the mosque to determine if it was built upon a temple.
As per a report in The Indian Express, the bench, consisting of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, acknowledged the arguments made by senior advocate Huzefa Ahmadi, who represented the Committee of Management Anjuman Intezamia of the Gyanvapi mosque.
Ahmadi pointed out that instead of addressing their interim plea to halt the ASI work, the court had disposed of their main plea during the last hearing.
Solicitor General Tushar Mehta, representing the Uttar Pradesh government and the ASI, expressed no objection to the revival of the special leave petition filed by the mosque committee.
The main plea filed by the mosque committee sought the dismissal of a lawsuit by the Hindu party in the Varanasi district court. The committee argued that the lawsuit was improperly filed on a paper that had not been duly "stamped and authorised" according to Order VII Rule 11(c) of the Civil Procedure Code.
The mosque committee filed an interim plea in the pending petition, requesting a halt to the ASI work.
On 24 July, the top court granted relief by staying the work, disposing of the main case in the process.
Ahmadi clarified that the appeal against Order 7 Rule 11 had been disposed of without argument. They had only focused on the ASI survey point, which is now being considered by the Allahabad HC. It can be argued there that their appeal has been dismissed.
After considering the submissions, the bench corrected its mistake and revived the plea.
The Supreme Court has temporarily halted a scientific survey by the ASI to determine if the mosque next to the Kashi Vishwanath temple in Varanasi was built upon a temple. The survey will be on hold until 5pm on 26 July.
In response to a plea from the mosque panel for an urgent hearing, the Supreme Court has directed the Allahabad High Court to hear the appeal before the "status quo" order expires on Wednesday (26 July) evening.
Following a directive from a Varanasi court, the ASI was instructed to conduct a survey, including excavations if necessary, to determine if the mosque was built on the site of a previous temple.
The high court is now considering the plea from the mosque panel regarding this matter.
An appeal from Swarajya
At Swarajya, we rely on our readers' support through subscriptions to sustain our media platform. Unlike larger conglomerates, we are unable to relentlessly chase advertising money — our model is largely built on your patronage.
Your support has never been more crucial. We work tirelessly to deliver 10-15 high-quality articles daily, ensuring you receive insightful content from 7 AM to 10 PM.
If you believe India's story has to be articulated in a way it has never been done before without shrugging it off, become a patron (or) subscribe now for ₹̶2̶4̶0̶0̶ ₹1999 and get 12 print issues, unlimited digital access for 1 year, a special India that is Bharat T-shirt (Offer ends soon).
We are counting on you!