In a recent development concerning the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court of India, on December 15, declined an oral request by the Mosque committee to stay an order issued by the Allahabad High Court. This High Court order, passed the previous day, had approved an application for the appointment of a court commissioner to inspect the Shahi Eidgah Mosque.
Also read- Supreme Court Rules Tribunals Cannot Direct Government Policy Formation (lawchakra.in)
The bench, comprising Justices Sanjiv Khanna and SVN Bhatti, was hearing a special leave petition filed by the mosque committee. This petition challenged a May 2023 order of the Allahabad High Court, which had transferred a series of suits related to the land dispute to itself. During the proceedings, Senior Advocate Huzefa Ahmadi, representing the Committee of Management Trust Shahi Masjid Idgah, expressed concerns about the High Court considering interlocutory applications with ‘far-reaching implications’ while the mosque committee’s challenge to the High Court’s jurisdiction was still pending before the Supreme Court.
Justice Khanna, leading the bench, expressed reluctance to intervene in the order, which had not been formally challenged before them. He stated,
“How can I stay the order without it being before me?”
When Ahmadi urged the court to intervene, Justice Khanna advised him to inform the High Court that the matter is listed for January 9 in the Supreme Court. Despite Ahmadi’s insistence on the urgency, Justice Khanna reiterated the procedure for mentioning for listing during holidays if any adverse order is passed.
Also read-Supreme Court Order On Article 370 Disturbing: Justice R. F. Nariman (lawchakra.in)
Previously, the Supreme Court had declined a plea by the Mosque Committee to stay the High Court proceedings. Justice Sanjay Kishan Kaul, who presided over the case at the time, had remarked,
“If there’s an improper order, we will interfere.”
Meanwhile, the Allahabad High Court had allowed a plea seeking the appointment of a court commissioner to inspect the Shahi Eidgah mosque. Justice Mayank Kumar Jain, presiding over the case, stated that the modalities of the survey would be discussed in the next hearing on December 18. This order follows a similar pattern to the recent survey of the Gyanvapi mosque next to Varanasi’s Kashi Vishwanath temple conducted by the Archeological Survey of India (ASI).
The Supreme Court’s decision to not stay the High Court’s order and the subsequent survey of the mosque premises mark a significant moment in the ongoing Krishna Janmabhoomi-Shahi Eidgah dispute. The case, titled Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors., is set to be further deliberated upon in the upcoming hearings, with the Supreme Court scheduled to consider all issues and contentions on January 9.
Also read-Supreme Court To Hear Nikhil Gupta’s Habeas Corpus Petition Amidst US Accusations (lawchakra.in)