Allahabad: The Supreme Court, on Friday, declined to stay the Allahabad High Court’s order permitting a primary survey of the Shahi Idgah complex near the Shri Krishna Janmabhoomi Temple in Mathura. This decision, a victory for the Hindu side, allows the appointment of a court commissioner for the survey. The court-monitored three-member team of advocate commissioners will conduct the survey, with details to be finalized on December 18.
Vishnu Shankar Jain, the lawyer for the Hindu side, stated, “Supreme Court has refused to stay the proceedings…The High Court order will continue.” The High Court had transferred suits over the land dispute to itself in a May 2023 order, a decision challenged in a special leave petition. The Supreme Court bench of Justices Sanjiv Khanna and SVN Bhatti declined the masjid committee’s plea, emphasizing that the High Court order hadn’t been formally challenged.
The apex court observed that the case could be heard after the vacation, resuming on January 9. If the High Court issues an order in the interim, the mosque committee can approach the Supreme Court, the bench noted.
Senior Advocate Huzefa Ahmadi, representing the masjid committee, highlighted that the High Court, now the trial court, had issued impactful interlocutory orders. However, the Supreme Court underscored that the Allahabad HC order needed formal challenge.
With 18 petitions pending in the Allahabad High Court concerning the Idgah complex, the Hindu side contends that the mosque was constructed by Aurangzeb, demolishing a temple on Lord Krishna’s birthplace. The legal battle unfolds against the backdrop of historical and religious claims, marking a significant chapter in the contentious dispute over the sacred site. The evolving proceedings reflect the intricate interplay between legal processes and deeply rooted religious sentiments.