Supreme Court Halts High Court’s Mathura Mosque Survey Order

Background

The Supreme Court on Tuesday stayed Allahabad High Court’s order to appoint a commission to survey Shahi Idgah mosque in Mathura near Krishna Janmabhoomi, saying the application filed by the Hindu side was “very vague” and the HC should not have passed an order based on it . The HC had issued the order on December 14, 2023, in response to a civil suit filed by Bhagwan Shri Krishna Virajman, a Hindu body claiming ownership of the entire 13.37 acres of Krishna Janmabhoomi land and seeking removal of the Shahi Idgah mosque.

Arguments

The Committee of Management Trust of Shahi Masjid Idgah, which runs the mosque, challenged the HC order in the SC, contending that it was barred by law and that the HC should have first decided on the maintainability of the suit before granting any interim relief. The committee also alleged that an attempt was being made to mislead the HC into believing that the designs of Mughal architecture were Hindu religious symbols and therefore, the Shahi Idgah was a temple.

The Hindu body, represented by senior advocate Shyam Divan and lawyer Vishnu Shankar Jain, opposed the stay and urged the SC to allow the HC to work out the modalities of the survey. They argued that the survey was necessary to ascertain the truth and that there was sufficient evidence to show that the mosque was built over a temple.

Decision

A bench of justices Sanjiv Khanna and Dipankar Datta, however, expressed reservations about the application for local commissioner and said it was very wrong and unclear . They said that they were staying the operation of the HC order and that it should not be implemented. They also issued notice to the Hindu bodies on the Idgah committee’s plea and posted the matter for January 23 . They clarified that the HC could continue to hear the civil suit pertaining to Sri Krishna Janmabhoomi-Shahi Idgah dispute.