SC extends stay on Allahabad HC order approving survey of Shahi Idgah complex

NEW DELHI: The Supreme Court on Monday extended its stay on the Allahabad High Court's December 14, 2023 order for a survey of the Shahi Eidgah mosque abutting the Krishna Janmabhoomi temple in Mathura.

A bench of Justices Sanjiv Khanna and Dipankar Datta scheduled the matter for consideration in April.

The court also asked the parties to file pleadings and written submissions.

On January 16, acting on the plea by the Muslim side, the apex court had stayed the HC's order.

The bench, however, had clarified that the other proceedings before the High Court would continue in the matter.

The HC had directed for a commission to be appointed to inspect Shahi Eidgah mosque.

Separately, the apex court is already seized of the matter related to transfer of jurisdiction. The Muslim side had questioned the validity of the transfer.

On May 26, 2023, the High Court had decided to hear itself nearly 18 suits relating to Krishna Janmasthan-Shahi Eidgah land dispute by transferring them to from civil courts in Mathura. It is to be noted in Ayodhya dispute too, the High Court had conducted the proceedings.

In the instant matter, 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 court had then passed the order on a petition 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 Krishnas birthplace.

The petitioners have 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.