Krishna Janmabhoomi-Shahi Idgah case: The Supreme Court on Tuesday (January 16) stayed the implementation of the Allahabad High Court that allowed a court-monitored survey of Shahi Idgah complex adjoining Krishna Janmabhoomi temple in Mathura.
However, the court allowed proceedings before Allahabad High Court to continue in cases related to the dispute over the shifting of Shahi Idgah in Mathura.
Here's what top court said
A bench of Justices Sanjiv Khanna and Dipankar Datta sought a reply from Hindu outfit Bhagwan ShriKrishna Virajman, and others on a plea of the mosque committee against the HC order on the survey of Shahi Idgah.
The bench said there are certain legal issues which have arisen and questioned the “vague” application made before the high court for the appointment of a court commissioner for the survey.
“You can’t file a vague application for appointment of court commissioner. It should be very specific on the purpose. You can’t leave everything to the court to look into it,” the bench told senior advocate Shyam Divan, appearing for Hindu bodies like Bhagwan ShriKrishna Virajman and others
The bench said it is issuing notice to the Hindu bodies and sought their response while making it clear that proceedings before the high court in the dispute will continue.
Earlier, the top court, on December 15 last year, had the court declined to grant a stay on the Allahabad High Court's decision, which permitted the court-monitored survey of the Shahi Idgah. The court advised the Muslim side had asked them to challenge the order through a formal appeal instead of seeking a stay through an oral plea.
Mosque committee moves Supreme Court
The mosque committee has taken the matter to the Supreme Court, challenging the Allahabad High Court order that permitted a court-monitored survey of the Shahi Idgah near the Krishna Janmabhoomi temple in Mathura.
The Committee of Management, Trust Shahi Masjid Idgah, has filed the appeal to formally challenge the high court's decision.
In their plea, the mosque committee argues that the high court should have considered their petition for the rejection of the plea before addressing any other miscellaneous applications in the lawsuit. They contend that the lawsuit is barred by the Places of Worship (Special Provisions) Act, 1991, which prohibits the alteration of the character of religious places.
High Court allows court-monitored survey of mosque
On December 14, 2023, the High Court permitted a court-monitored survey of the Shahi Idgah and approved the appointment of a court commissioner to supervise the survey of the mosque premises. The Hindu side contends that there are signs indicating it was once a Hindu temple.
They had requested the formation of a commission for the survey. The high court, while allowing the plea for a court-monitored survey, emphasized that no harm should be caused to the Mathura structure during the survey, which could potentially be overseen by a three-member commission of advocates.
The Supreme Court is already considering another petition filed by the mosque committee challenging the May 26, 2023, order of the high court, which transferred all matters related to the dispute pending before a Mathura court to itself.
In Mathura, a suit was filed in the court of Civil Judge Senior Division (III) for the relocation of the Shahi Masjid Idgah, claiming it was built on a part of the 13.37-acre land of the Sri Krishna Janmabhoomi Trust. The Hindu side argued before the high court that the original trial should be conducted by it, similar to the Babri Masjid-Ram Janmabhoomi title dispute.
(With PTI inputs)
