Shahi Idgah dispute: SC asks Muslim side to clarify if appeal to be filed before HC's division bench

New Delhi: The Supreme Court on Tuesday sought to know from the Muslim side if an appeal before a division bench of Allahabad High Court would lie against the single-judge order which rejected their petition challenging the maintainability of 18 suits related to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura.

A bench of Justices Sanjiv Khanna and Sanjay Kumar, which was initially inclined to issue notice to the Hindu side on the appeal filed by Muslim parties against the August 1 order of the high court, posted the matter for further hearing on November 4.

Senior advocate Madhavi Divan and advocate Vishnu Shankar Jain, appearing for the Hindu side, asked the court to vacate the stay on the operation of the order, appointing court commissioner for survey of the Idgah complex.

The court said that there are several legal issues in the matter which need detailed consideration and directed that all the pending matters on the dispute to be taken up together.

One of the lawyer appearing for the Hindu parties raised preliminary objection on filing of appeal before the apex court saying that August 1 order is an appealable decision before the division bench of the high court.

In view of the submission, the bench asked senior advocate Tasneem Ahmadi, appearing for the Committee of Management Trust, Shahi Masjid Idgah, to clarify if they can file appeal against the August 1 order of the high court before the division bench.

"There are some judgements of this court which say you can do. If you can do so, then this appeal needs to be withdrawn," the bench said.

On August 1, 2024, the high court said that the trial in 18 suits relating to the Krishna Janmabhoomi-Shahi Idgah dispute could continue, as it dismissed the challenge by the mosque management committee.

On January 16, 2024, the Supreme Court had stayed the Allahabad High Court's December 14, 2023 order directing a survey of the Shahi Idgah mosque abutting the Krishna Janmabhoomi temple in Mathura.

The apex court is already seized of the matter related to transfer of jurisdiction. The high court had on May 26, 2023 decided to hear nearly 18 suits relating to Krishna Janmasthan-Shahi Idgah land dispute by transferring them to itself from various civil courts in Mathura.