Shahi Idgah Masjid.
Credit: PTI Photo
New Delhi: The Supreme Court on Tuesday stayed the Allahabad High Court's December 14, 2023 order directing a survey of the Shahi Eidgah mosque abutting the Krishna Janmabhoomi temple in Mathura.
A bench of Justices Sanjiv Khanna and Dipankar Datta, however, clarified that the other proceedings in the matter before the High Court would continue.
After hearing a counsel on behalf of the masjid side, the bench said, "The order for appointment of Commision would not be executed".
The bench said there are some legal issues that have risen up in light of the recent decision in the Asma Lateef case on Order VIII Rule 10 of the Civil Procedure Code.
The court also said, "The application made the omnibus prayer. The prayer was also vague and not specific."
Senior advocate Shyam Divan on behalf of the Hindu side opposed the plea for the stay.
The court, however, stayed the order, issued notice and put the matter for consideration on January 23, 2024.
The HC's order directed for a commission to be appointed to inspect Shahi Eidgah mosque.
The apex court has already seized of the matter related to transfer of jurisdiction.
The Allahabad High Court on December 14, 2023 allowed the primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi Temple in Uttar Pradesh's Mathura by a court-monitored three-member team of advocate commissioners.
A bench of Justice Mayank Kumar Jain had said it would decide on the appointment of a commissioner and the modalities of the survey.
The court had passed the order on a petition filed on behalf of the deity (Bhagwan Shree Krishna Virajman) through Hari Shankar Jain and others. The petitioners contended that the mosque was built by Mughal emperor Aurangzeb after demolishing a part of Lord Krishna’s birthplace.
“It was our demand that a survey be undertaken by an advocate commissioner as there is much evidence in the mosque that prove that it was in fact a Hindu temple,” petitioner Jain said, terming the ruling “historical”.
The petitioners have claimed ownership over the entire 13.37 acres of land on which the structures are situated. They have also challenged the 1968 agreement between the Shahi Idgah Mosque Committee and the Shri Krishna Janmabhoomi Trust that allowed the mosque to use the land on which it was situated.