Krishna Janmabhoomi case: Supreme Court stays execution of Allahabad HC order on Shahi Idgah survey

In the Krishna Janmabhoomi case, the Supreme Court issued notice and said the proceedings before the Allahabad High Court can continue.

Supreme Court stays Allahabad HC order of Shahi Idgah survey.

The Sri Krishna Janambhoomi and Shahi Idgah mosque, in Mathura. PTI

The Supreme Court on Tuesday stayed the execution of the Allahabad High Court’s December 14, 2023, order allowing an application for inspection of the Shahi Idgah complex in Mathura by a court-appointed commissioner in connection with the Krishna Janmabhoomi dispute.

A bench of Justices Sanjiv Khanna and Dipankar Datta said there were legal issues which arise and need to be decided. Justice Khanna said the application filed before the HC seeking the appointment of a commissioner was “very vague”.

“Can an application be made like this? We have reservations about the application. Look at the prayer. It’s so vague. Read it. You cannot make an omnibus application like this. You have to be very clear about what you want the local commissioner to do,” he said.

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The mosque committee has approached the SC saying that its petitions challenging the High Court order transferring to itself all suits in connection with the dispute are pending and the HC should not have given any interim relief to the other side in the meantime.

Explained | The Krishna Janmabhoomi case in Mathura, and the challenge to the 1968 ‘compromise’ between the Hindus and Muslims

Issuing notice, the Supreme Court bench said the proceedings before the HC can continue but the commission will not be executed till the next date. The court will hear it again on January 23.

In May last year, the Allahabad High Court had transferred to itself all the suits on the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.

At least a dozen cases have been filed in courts in Mathura by different petitioners. A common thread in all the petitions is a prayer for the removal of the mosque from the 13.37-acre complex, which it shares with the Katra Keshav Dev temple.

Ananthakrishnan G

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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