Mathura: On Tuesday, the Supreme Court halted the implementation of the Allahabad High Court’s order permitting a court-monitored survey of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple in Mathura.
Justices Sanjiv Khanna and Dipankar Datta suspended the December 14, 2023 order, which had approved the appointment of a court commissioner to oversee the survey of the mosque premises. The Hindu side contends that the site bears indications of once being a temple.
The bench raised concerns about legal issues and criticised the “vague” nature of the application made before the high court for the appointment of a court commissioner. The justices emphasised the need for specificity in such applications and noted that the court cannot be left to investigate every aspect.
Senior advocate Shyam Divan, representing Hindu bodies like Bhagwan ShriKrishna Virajman, was told by the bench that filing a vague application for a court commissioner’s appointment is not acceptable; the purpose must be clearly specified.
The bench issued a notice to the Hindu bodies, seeking their response, and clarified that proceedings in the high court dispute would continue.
The Supreme Court considered a plea from the Committee of Management, Trust Shahi Masjid Idgah, challenging the high court’s decision to allow a court-monitored survey of the Shahi Idgah.
The mosque committee argued that the high court should have addressed its petition for the rejection of the plaint before deciding on other miscellaneous applications in the suit.
The committee contended that the lawsuit is barred by the Places of Worship (Special Provisions) Act, 1991, which prohibits the alteration of the character of religious places.
