Krishna Janmabhoomi Case: SC Stays Allahabad HC Order For Court-Monitored Survey Of Mosque

Supreme Court on Tuesday stayed the implementation of the Allahabad High Court order appointing advocate commissioners to inspect the mosque in connection with Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute case.

A bench of Justices Sanjiv Khanna and Dipankar Datta stayed the implementation of Allahabad High Court’s December 14, 2023 order by which it had agreed to the appointment of court commissioners to oversee the survey of the mosque premises which, the Hindu side claims, hold signs suggesting that it was a temple once.

The stay by the SC puts a pause on the implementation of the survey pending further judicial proceedings.

Expressing reservations about the manner in which the commission application was filed, Justice Khanna said, “We have reservations about the application. Look at the prayer. It’s so vague. Read it. You cannot make an omnibus application like this. You have to be very clear what you want the local commissioner to do.”

“There are legal issues that arise. That apart, the application for local commissioner is very vague. Can an application be made like this? …We are staying the operation of the impugned order to the extent of the commission being executed”, he added.

The top court further said that proceedings before the High Court can continue but the commission will not be executed in the meantime.

The top court was hearing a plea of the Committee of Management, Trust Shahi Masjid Idgah challenging a high court order that allowed a court-monitored survey of the Shahi Idgah.

The mosque committee, in its plea, has submitted that the high court ought to have considered its petition for rejection of the plaint before deciding on any other miscellaneous applications in the suit.

The committee had sought rejection of the plea on the grounds that the lawsuit is barred by the Places of Worship (Special Provisions) Act, 1991, which puts a bar on change of character of religious places.

Earlier on December 15 2023, the Supreme Court refused to stay the High Court’s December 14 order which allowed the primary survey of mosque by a court-monitored three-member team of advocate commissioners.

Over a dozen petitions are pending before the High Court regarding the Eidgah complex, with the Hindu side claiming that the mosque was constructed by Mughal Emperor Aurangzeb by demolishing a temple on 13.37 acres of Lord Krishna’s birthplace.