The Supreme Court on Monday deferred hearing on a plea filed by management committee of Gyanvapi mosque in Varanasi against an order of the Allahabad High Court upholding maintainability of Hindu worshippers' suit filed before the district court.
A bench, headed by CJI D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, adjourned the matter for hearing on November 6.
In its impugned order passed on May 31, the High Court had dismissed the revision application filed against the 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 is maintainable and is not barred under the Places of Worship Act, 1991, Waqf Act, 1995, or the Uttar Pradesh Sri Kashi Vishwanath Temple Act.
In August this year, the top court had refused to pass any interim direction restraining the Archaeological Survey of India to survey the premises of the mosque, except for the 'wuzu khana'.
However, a special leave petition was filed by the Anjuman Intezamia Masjid Committee against the Allahabad High Court’s ruling that the ASI can survey the premises except for 'wuzu khana – which is pending before the Supreme Court for consideration on merits.
Earlier, the ASI was directed by the trial court to ascertain whether the mosque was built over a pre-existing Hindu temple, holding that the scientific investigation is "necessary" for the "true facts" to come out.
In 2021, Hindu plaintiffs had instituted a suit in Varanasi court demanding the right of unhindered worship at the Maa Shringar Gauri Sthal. The mosque management committee, in its reply, refuted that the mosque was built over a temple, maintaining the structure at the spot was always a mosque.