No Stay On Pending Proceedings: Apex Court Clarifies While Issuing Notice In SLP Filed By Mosque Committee In Krishna Janmabhoomi-Shahi Idgah Dispute
The Apex Court today issued official notice in the special leave petition filed by the Shahi Masjid Idgah challenging the order passed by the Allahabad High Court which allowed a court-monitored survey of the Shahi Idgah Mosque complex. The Court also clarified that it has not stayed the proceedings pending before the Civil Judge, Mathura.
The Bench of Justice Sanjiv Khanna and Justice Dipankar Datta observed, “We have gone through the order sheets, we had not specifically recorded that notice has been issued…in the meanwhile parties will complete the pleadings. Prelist in the week commencing 5th of August…Interim Order to continued, we have clarified that we have not stayed the proceedings. ”
Justice Sanjiv Khanna said, “There is also some logistical issue that notice has not been issued in this.”
Senior Advocate Shyam Diwan appeared on behalf of the Respondent and submitted that the Order VII Rule 11 application is listed for further hearing tomorrow.
Advocate Tasneem Ahmadi appeared for the Shahi Masjid Idgah.
The Supreme Court, on the last date of the hearing, had ordered the continuance of the interim stay on the operation of the Allahabad High Court order for a court-monitored survey of the Shahi Idgah Mosque complex adjoining the Krishna Janmabhoomi temple in Mathura.
The Apex Court on January 16 had stayed the operation of the December 14, 2023 order of the Allahabad High Court which allowed a court-monitored survey of the Shahi Idgah Mosque complex. It had also stayed the order of the High Court by which it agreed to the appointment of a court commissioner to oversee the survey of the mosque premises, which the Hindu side claims hold signs suggesting that it was once a temple.
The present Special Leave Petition was filed by Shahi Masjid Idgah challenging the above-mentioned order passed by the Allahabad High Court.
It had said there are certain legal issues which have arisen and questioned the "vague" application made before the high court for appointment of a court commissioner for the survey.
The Court had observed, “Legal issues arise for consideration including the question in the light of judgment passed by this Court in Civil Appeal No.9695 of 2013 titled “Asma Lateef & Anr. vs. Shabbir Ahmad & Ors.”…The proceedings before the High Court will continue. However, the commission will not be executed till the next date of hearing.”
The Supreme Court, in March, had also disposed of a fresh plea challenging the Allahabad High Court order consolidating 15 suits related to the present dispute.
The Allahabad High Court had passed an order, allowing the application filed by the deity (Bhagwan Shri Krishna Virajman) and seven others under Order 26 Rule 9 CPC. The High Court had also noted that the appointment of a commission, consisting of three advocates, would not harm either party. The report's effect on the merits of the case is clarified, and the court could issue directions to maintain the sanctity of the property during the commission's execution. In the application filed in the pending suit before the High Court, it was asserted that the birthplace of Lord Sri Krishna is situated beneath the Mosque. The claim emphasized various indications supporting the assertion that the Mosque is, in fact, a Hindu temple.
In September 2023, the Shri Krishna Janambhoomi Mukti Nirman Trust also filed an SLP challenging an order of the Allahabad High Court which refused to direct the trial court to decide an application for a scientific survey of Krishna Janmabhoomi-Shahi Masjid Eidgah premises before disposing of the objections by the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board to its suit. The bench, while dismissing the SLP, had left the questions to be decided upon by the High Court which had transferred all the pending petitions from Mathura Court to itself.
In July 2022, the Allahabad High Court had directed the Civil Judge (Senior Division) of Mathura to expedite and decide within three months, the application for a survey of the Shahi Eidgah and Jahanara's mosque by the Archaeological Survey of India and the objections filed by the Sunni Central Waqf Board in the suit.
Cause Title: Committee Of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman (SLP (C) No. 14275 of 2023)
