Supreme Court won’t pause mosque survey in Mathura Krishna Janmabhoomi land case

The Supreme Court on Friday refused to stay an Allahabad High Court order which allowed.

A primary survey of the Shahi Idgah mosque complex adjacent to the Shri Krishna Janmabhoomi Temple in Uttar Pradesh’s Mathura.

“The Supreme Court has refused to stay the proceedings and 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,” Vishnu Shankar Jain, the lawyer for the Hindu side said.

A bench of Justices Sanjiv Khanna and SVN Bhatti declined the plea by the masjid committee, while the court was hearing a special leave petition challenging a May 2023 order of the High Court transferring to itself a clutch of suits over the land dispute.

Senior Advocate Huzefa Ahmadi, for the masjid committee, argued that the High Court, which is now the trial court, has passed “certain interlocutory orders which have an impact on the outcome”.

The top court, however, observed that the High Court order has not been formally challenged before it.

Justice Khanna mentioned that the case can be heard after the vacation, and the hearing will resume on January 9. If the High Court passes an order in the meantime, the mosque committee can approach the Supreme Court, the bench said.

“I can’t stay the matter without the order copy being before me,” Justice Khanna stated.

Over a dozen petitions are pending before the Allahabad High Court regarding the Idgah complex, with the Hindu side claiming that the mosque was constructed by Mughal Emperor Aurangzeb by demolishing a temple on 13.37 acres of Lord Krishna’s birthplace.