India: Supreme Court refuses to stay Allahabad HC order of Mathura’s Shahi Idgah survey

The Supreme Court on Friday (Dec 15) refused to put a hold on the Allahabad High Court's decision allowing a court-monitored survey of the Shahi Idgah mosque sittingnext to the Krishna Janmabhoomi temple in Mathura on a plea by the Muslim side, and asked them to challenge the order by way of an appeal.

The high court on Thursday allowed a court-monitored survey of the Shahi Idgah and also agreed on the appointment of an advocate commissioner to supervise the survey of the mosque premises.

The hearing was postponed by a bench of Justices Sanjiv Khanna and SVN Bhatti, until January 9, on a plea filed by the Committee of Management Trust Shahi Masjid Idgah challenging the May 26 order of the high court transferring to itself all matters related to the dispute pending before a Mathura court.

Add WION as a Preferred Source

"List the special leave petition on January 9. All the contentions and issues will be considered on the said date. In case petitioners have any grievance, it will be open to them to file a challenge in accordance with law," the bench ordered.

The bench informed senior advocate Huzefa Ahmadi, appearing for the mosque committee, who stated that the high court was taking into consideration interlocutory applications having 'far-reaching ramifications' in the matter and passing orders, that the order of the high court passed on Thursday has not been formally challenged before it.

Ahmadi said that the high court was entertaining application after application even as the issue of its jurisdiction to transfer to itself all matters related to the dispute is under challenge before the apex court.

Justice Khanna, while refusing to interfere with the high court order passed on Thursday said, "How can we stay the order which is not before us? You challenge the order, then we will see."

Ahmadi said that the high court order was uploaded on its website late on Thursday evening and hence he could not file an appeal.

When Ahmadi pointed out the Supreme Court is going on a winter break from Monday and the high court may pass orders in the matter, Justice Khanna said, "Please tell the high court that this matter is listed on January 9 in the Supreme Court. That will be enough."

"You know the procedure for mentioning the matter during vacations if any adverse order is passed," Justice Khanna told Ahmadi.

(With inputs from agencies)