The Supreme Court on Friday refused to put a stay on the Allahabad High Court order which allowed the appointment of a court commissioner for a primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi Temple in Uttar Pradesh’s Mathura.
In a major win for the Hindu side, the Allahabad High Court, on Thursday (December 14), allowed the primary survey of the Idgah by a court-monitored three-member team of advocate commissioners. The modalities of the commission of advocates for the survey will be decided on December 18, Live Law reported.
Also Read: Krishna Janmabhoomi case: Allahabad HC gives nod for Shahi Idgah survey in Mathura
A bench of Justices Sanjiv Khanna and SVN Bhatti declined the plea by the masjid committee, while the court was hearing a special leave petition challenging a May 2023 order of the High Court transferring to itself a clutch of suits over the land dispute.
Senior Advocate Huzefa Ahmadi, for the masjid committee, argued that the High Court, which is now the trial court, has passed “certain interlocutory orders which have an impact on the outcome”.
The apex court, however, observed that the Allahabad HC order had not been formally challenged before it.
Also Read: Krishna Janmabhoomi-Shahi Idgah dispute case to be heard by Allahabad High Court on Hindu side’s plea
Justice Khanna mentioned that the case can be heard after the vacation, and the hearing will resume on January 9. If the High Court passes an order in the meantime, the mosque committee can approach the Supreme Court, the bench said.
At least 18 petitions are pending before the Allahabad High Court regarding the Idgah complex, with the Hindu side claiming that the mosque was constructed by Mughal Emperor Aurangzeb by demolishing a temple on 13.37 acres of land which was Lord Krishna’s birthplace.
(With inputs from ANI)