The Supreme Court has extended the stay on the High Court’s order appointing a commission to inspect the Shahi Idgah Mosque. This extension is now effective until August 2024.
NEW DELHI: Today (15th April): The Supreme Court issued an official notice regarding the special leave petition filed by the Shahi Masjid Idgah, challenging the order passed by the Allahabad High Court. The High Court had allowed a court-monitored survey of the Shahi Idgah Mosque complex, which is adjacent to the Krishna Janmabhoomi temple in Mathura.
READ ALSO: Krishna Janmabhoomi Case: Supreme Court Reminds Allahabad HC on Pending Suits
The Supreme Court clarified that
It hasn’t stayed the proceedings before the Civil Judge in Mathura.
The Bench comprising of Justice Sanjiv Khanna and Justice Dipankar Datta carefully examined the order sheets and acknowledged that the notice had not been specifically recorded.
“After reviewing the order sheets, we found no specific record of notice issuance… Parties are instructed to complete pleadings in the meantime. Prelist for the week starting August 5th… The interim order remains in effect; it’s clarified that proceedings haven’t been stayed.”
Justice Sanjiv Khanna mentioned, “Additionally, there seems to be a logistical issue regarding the issuance of notice in this matter.”
Senior Advocate Shyam Diwan appeared on behalf of the Respondent and informed the court that the hearing for the Order VII Rule 11 application is listed for the following day. Advocate Tasneem Ahmadi represented the Shahi Masjid Idgah.
Background
On a previous date of hearing, the Supreme Court ordered the continuation of the interim stay on the operation of the Allahabad High Court order, which had allowed a court-monitored survey of the Shahi Idgah Mosque complex. The Supreme Court had also stayed the High Court’s order to appoint a court commissioner to oversee the survey of the mosque premises. The Hindu side claimed that the mosque premises showed signs suggesting it was once a temple.
The current Special Leave Petition was filed by the Shahi Masjid Idgah, challenging the aforementioned order passed by the Allahabad High Court. The petition raised legal issues and questioned the “vague” application made before the High Court for the appointment of a court commissioner for the survey.
The Supreme Court observed that legal issues needed consideration, including a reference to the judgment passed by the Court in Civil Appeal No. 9695 of 2013, titled “Asma Lateef & Anr. vs. Shabbir Ahmad & Ors.” The proceedings before the High Court would continue, but the commission would not be executed until the next date of hearing.
In March, the Supreme Court disposed of a fresh plea challenging the Allahabad High Court’s order to consolidate 15 suits related to the dispute. The High Court had allowed the application filed by the deity (Bhagwan Shri Krishna Virajman) and seven others under Order 26 Rule 9 CPC. It also appointed a commission consisting of three advocates, ensuring that the report’s effect on the case’s merits is clarified.
The court may issue directions to maintain the property’s sanctity during the commission’s execution. The application filed in the pending suit before the High Court emphasized that Lord Sri Krishna’s birthplace is situated beneath the Mosque, presenting various indications supporting the claim that the Mosque was originally a Hindu temple.
In September 2023, the Shri Krishna Janambhoomi Mukti Nirman Trust filed a Special Leave Petition challenging an order of the Allahabad High Court. The order had refused to direct the trial court to decide on an application for a scientific survey of Krishna Janmabhoomi-Shahi Masjid Eidgah premises before disposing of objections raised by the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board.
The Supreme Court dismissed the petition, leaving the questions to be decided by the High Court, which had transferred all the pending petitions from the Mathura Court to itself. In July 2022, the Allahabad High Court directed the Civil Judge (Senior Division) of Mathura to expedite and decide within three months the application for a survey of the Shahi Eidgah and Jahanara’s mosque by the Archaeological Survey of India, along with the objections filed by the Sunni Central Waqf Board in the suit.
READ PREVIOUS REPORTS ON KRISHNA JANMABHOOMI CASE
