Krishna Janmabhoomi Case: SC Stays Allahabad High Court's Survey Order Of Shahi Idgah Mosque

The Supreme Court, on Tuesday, stayed the Allahabad High Court's order appointing an Advocate Commissioner to inspect the Shahi Idgah mosque in Mathura concerning the Krishna Janmabhoomi case. A bench comprising Justices Sanjiv Khanna and Dipankar Datta issued the interim order while also issuing notice on a special leave petition filed by the mosque committee. The petition challenged the High Court's December 14 decision, which permitted the appointment of a court commissioner to inspect the mosque.

#WATCH | Delhi | Advocate Reena N. Singh, representing Bhagwan Sri Krishna Lalla Virajman, says, "Today, the court heard about the survey order of the Allahabad High Court case which was being challenged by the Muslim side. The Intezamia Committee had challenged the order and… https://t.co/2xuX3MQGrr pic.twitter.com/YUqKCLu1Vy

— ANI (@ANI) January 16, 2024

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Advocate Tasneem Ahmadi, representing the Mosque Committee, argued that the High Court should not have issued the order while an application seeking the rejection of the suit is pending under the Places of Worship Act 1991 (under Order VII Rule 11 CPC). She cited the recent judgment in Asma Latheef v. Shabbir Ahmad, emphasizing that the trial court must decide, at least prima facie, on jurisdiction before granting interim relief when the suit's maintainability is questioned.

The Supreme Court, finding the plea for a survey to be vague, deemed it necessary for further examination. The court has scheduled a subsequent hearing on January 23 to delve deeper into the matter.

Further, the top court has sought a response from the Hindu outfit Bhagwan Shri Krishna Virajman and others on the plea filed by the mosque committee against the High Court's order regarding the survey of Shahi Idgah.

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In December, the Allahabad High Court granted permission for a court-monitored survey of the Shahi Idgah, with discussions on the survey's modalities set for the next hearing. The last hearing on January 11 saw the HC adjourning the discussion on the survey of the Shahi Idgah complex located next to the Krishna Janmabhoomi temple in Mathura until January 17.