Krishna Janmabhoomi case: SC stays Allahabad HC order on Shahi Idgah survey

The Supreme Court of India on Tuesday (Jan 16) stayed the decision by the Allahabad High Court ordering the inspection of the Shahi Idgah mosque complex in Mathura by a court-appointed commissioner in connection with the Krishna Janmabhoomi case.

The bench of Justices Sanjiv Khanna and Dipankar Datta presided over the case and stayed the December 14, 2023, order by the HC. Justice Khanna said some legal issues needed sorting out, adding that the application filed before the HC, seeking the appointment of a commissioner was “very vague”.

“Can an application be made like this? 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 about what you want the local commissioner to do,” said Justice Khanna.

Notably, the Mosque committee which has approached the SC, argued that the Allahabad HC could not have passed the order when an application seeking rejection of the suit was pending.

The apex court added the issue of the transfer was also coming up which means that the HC court order cannot be executed.

"Issue notice. Tag with transfer matter, list on 23rd January. Proceedings before the High Court can continue but commission cannot be executed till next date," the court said, noting that the next hearing will take place on January 23.

What did the Allahabad HC order say?

The Allahabad HC last monthallowed 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.

“Our demand was that in the Shahi Idgah mosque, there are lots of signs and symbols, and to know the actual factual position, an actual Advocate Commissioner is required. The Court has allowed our application,” saidAdvocate Vishnu Shankar Jain, who appeared on behalf of the Hindu petitioners at the time.

What is the dispute?

The Shahi Idgah Mosque sits next to the Krishna Janmabhoomi Temple which Hindus consider to be the birthplace of Lord Krishna. The main suit, which is currently before the Allahabad HC, argues that the disputed land, including the land where the mosque is situated, belongs to Lord Shree Krishna Virajman.

Notably, the original suit has been filed on behalf ofthe deity Bhagwan Shri Krishna Virajman and seven others.

(With inputs from agencies)