Krishna Janmabhoomi case: SC stays HC order appointing advocate commissioner to inspect the Shahi Eidgah mosque

NEW DELHI: The Supreme Court on Tuesday stayed the implementation of the Allahabad High Court order appointing Advocate Commissioner to inspect the Shahi Eidgah mosque in the Krishna Janmabhoomi case.

A bench of Justices Sanjiv Khanna and Dipankar Datta issued notice to the Hindu side on an application filed by the Muslim side.

The court, however, clarified all other proceedings before the High Court can continue in the matter.

The HC had earlier transferred the multiple suits before it.

Taking up a plea by the Muslim side, the bench said the prayer was very vague, it was left for the court to determine.

"You can't make an omnibus (prayer) in your application as to what you want," the bench told senior advocate Shyam Divan, representing the Hindu side.

The apex court issued notice returnable on January 23, 2024.

The bench said some legal issues arose for consideration including the question in light of judgment in Asma Lateef.

The apex court said that the proceedings before high court can continue but the commission will not be executed till.

An advocate, representing the Muslim side, referred to the ruling in Asma Lateef case holding that where maintainability of a civil suit is questioned and the grant of interim relief is opposed on that ground.

She said that the trial court, before deciding to grant the interim relief, must at least make a prima facie satisfaction regarding the maintainability of the suit.

Agreeing to her submission, the bench said there are legal issues that arise.

“Can an application be made like this. Another aspect is the transfer. We are staying the operation of the impugned order to the extent of the commission being executed,” the bench said.

The Allahabad High Court on December 14, 2023 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.

The High Court had passed the order on a plea filed on behalf of the deity (Bhagwan Shree Krishna Virajman) through Hari Shankar Jain and others. The petitioners contended that the mosque was built by Mughal emperor Aurangzeb after demolishing a part of Lord Krishna’s birthplace.

“It was our demand that a survey be undertaken by an advocate commissioner as there is much evidence in the mosque that prove that it was in fact a Hindu temple,” it has said.

The Hindu side claimed ownership over the entire 13.37 acres of land on which the structures are situated. They have also challenged the 1968 agreement between the Shahi Idgah Mosque Committee and the Shri Krishna Janmabhoomi Trust that allowed the mosque to use the land on which it was situated.