The SC bench issued the stay order while hearing a plea of the Committee of Management, Trust Shahi Masjid Idgah challenging the Allahabad HC’s order.
On Tuesday, the Supreme Court intervened and halted the Allahabad High Court’s directive appointing an advocate commissioner to conduct a survey of the Shahi Eidgah mosque situated next to the Krishna Janmabhoomi temple in Mathura. Justices Sanjiv Khanna and Dipankar Datta, presiding over the bench, deemed the application requesting the appointment of a local commissioner as “vague.” The bench, during the hearing of the plea filed by the Committee of Management, Trust Shahi Masjid Idgah challenging the Allahabad High Court’s order, emphasized the need for specificity in such applications.
Senior advocate Shyam Divan, representing Hindu bodies, was informed by the bench that a vague application for the appointment of a court commissioner is not acceptable. The court stressed that the purpose of the application must be clearly defined and not left for the court to decipher.
Simultaneously, the Supreme Court issued notices to the Hindu bodies, soliciting their responses. It clarified that the proceedings related to the dispute before the high court would persist. The case is scheduled to be heard on January 23.
Genesis of Krishna Janmabhoomi-Shahi Idgah Masjid dispute
The Krishna Janmabhoomi-Shahi Idgah Masjid case is a longstanding legal dispute centred around the location in Mathura. The petitioners argue that the Shahi Idgah mosque, situated next to the Krishna Janmabhoomi temple, exhibits indications implying its historical identity as a Hindu temple. According to Hindu claimants, the mosque was allegedly built on the sacred birthplace of Lord Krishna in Mathura, and they point to the presence of a lotus-shaped pillar, a distinctive feature found in Hindu temples, within the mosque premises.
Allahabad high court’s order
On December 14 of the previous year, the Allahabad High Court granted approval to the Hindu party’s request for a court-monitored survey of the Shahi-Eidgah mosque premises in the Krishna Janmabhoomi case. The court issued this directive in response to an application submitted by a plaintiff seeking the restoration of the 13.37-acre land associated with the mosque.
Simultaneously, the mosque committee contested the order and urged the rejection of the Hindu party’s plea. They argued that the lawsuit is precluded by the Places of Worship (Special Provisions) Act, 1991, which prohibits altering the character of religious places.
