Jahanvi Agarwal
The Supreme Court issued a stay on 16th January 2024 against the Allahabad High Court’s decision to appoint a Court Commissioner, to inspect the Shahi-Idgah mosque premises in the Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
Justices Sanjiv Khanna and Dipankar Datta directed that the High Court proceedings could continue, but the execution of the commission would be postponed until the next hearing before the apex court. Earlier, the court noted that the application for the appointment of the Local Commissioner was vague and ambiguous.
Justice Khanna stated, “The prayer (for commissioner) is so vague! It has to be specific. This is wrong; you have to be very clear about what you want him for, you leave it to the court. It is an omnibus application.”
The Supreme Court also mentioned the potential transfer of the case and the emergence of certain legal questions for consideration. “Issue notice. Tag with the transfer matter, list on 23rd January. Proceedings before the High Court can continue, but the commission cannot be executed until the next date,” the court ordered.
The bench issued notice on the petition, returnable on January 23, 2024. “Some legal issues arise for consideration, including the question in light of a judgment of this court in Asma Lateef. Proceedings before the High Court can continue but the commission will not be executed in the meantime”, the bench noted in the order.
On December 14 last year, the High Court granted the application filed on behalf of a Hindu deity and seven other Hindu parties, allowing the inspection of the Shahi-Idgah mosque premises. The application was part of an ongoing original suit, where the Hindu plaintiffs claim that the Mathura Shahi Idgah Masjid was constructed on Krishna Janmabhoomi land.
The civil suit, filed on behalf of the Hindu deity Bhagwan Shri Krishna Virajman and devotees, seeks the removal of the mosque, alleging it was built on Krishna Janmabhoomi land.
The plaintiffs argue that various indications support the claim that the Shahi-Idgah Mosque is actually a Hindu temple. Consequently, an application was filed before the High Court to appoint a Commissioner to examine the site.
Case Name: Committee of Management, Trust Shahi Masjid Idgah v. Bhagwan Shri Krishna Virajman & Ors.
Diary Number: 481/2024
Bench: Justices Sanjiv Khanna and Dipankar Datta