Krishna Janmabhoomi Case: SC Refuses To Stay HC Order Allowing Survey Of Shahi Idgah Mosque In Mathura

The apex court refused to put on hold the order of Allahabad High Court that allowed a court-monitored primary survey of Shahi Idgah mosque complex in Mathura.

The Supreme Court on Friday refused to stay Allahabad High Court’s December 14 order which allowed the primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi Temple in Uttar Pradesh's Mathura by a court-monitored three-member team of advocate commissioners.

Lawyer for the Hindu side, Vishnu Shankar Jain said that the top court has fixed the hearing of matter relating to the transfer order on January 9, 2024.

"Supreme Court has refused to stay the proceedings and the Supreme Court has fixed the matter so far as challenge to the transfer order is concerned on 9th of January...The High Court order will continue and the high court will proceed with the matter and there is no stay by the Supreme Court," Jain told news agency ANI.

On Thursday, the Allahabad High Court agreed to the appointment of an advocate commissioner to oversee the survey of the mosque premises. The petitioners have claimed that the temple holds signs suggesting that it was a Hindu temple once. According to PTI, Justice Mayank Kumar Jain said the modalities of the survey will be discussed at the next hearing on December 18.

"The commission is duty bound to submit its fair and impartial report on the basis of the actual status of the property. The commission may also submit its discovery as to the existence of particular signs at the property as referred by the plaintiffs," Justice Jain observed, quoted PTI.

Krishna Janmabhoomi-Shahi Idgah dispute is the second temple-mosque matter in which the high court has given its nod to a survey over the past months. Previously, a similar permission was given to the Archeological Survey of India (ASI), which recently completed a survey of the Gyanvapi mosque next to Varanasi’s Kashi Vishwanath temple. However, the news agency reported, that the body has sought more time from a local court to submit its report.

The report added that while arguing their case for a survey, the petitioners for the Mathura temple cited the Varanasi case as well.