THE JHARKHAND STORY DESK
New Delhi, Jan 16: The Supreme Court on Tuesday overturned the Allahabad High Court’s ruling permitting a court-monitored inspection of the Shahi Idgah mosque, which is next to the Krishna Janmabhoomi shrine in Mathura.
Bench questions vague application
A bench comprising Justices Sanjiv Khanna and Dipankar Datta has put a hold on the execution of the December 14, 2023, order wherein the court had sanctioned the appointment of a court commissioner to oversee the survey of the mosque premises, which the Hindu party argues displays evidence suggesting its history of being a temple.
The bench questioned the “vague” application submitted to the high court seeking the appointment of a court commissioner for the survey, stating that various legal concerns have emerged.
The bench informed senior advocate Shyam Divan, representing Hindu bodies such as Bhagwan ShriKrishna Virajman and others that, “You can’t file a vague application for appointment of court commissioner. It should be very specific on the purpose. You can’t leave everything to the court to look into it”.
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The bench made it clear that the high court’s procedures regarding the issue will go on while announcing that it is issuing notice to the Hindu bodies and seeking their answer.
Mosque committee cites Places of Worship Act
The Supreme Court was addressing a petition from the Committee of Management, Trust Shahi Masjid Idgah, contesting a high court decision that permitted a court-monitored survey of the Shahi Idgah.
In its petition, the mosque committee argued that the high court should have first reviewed its request for dismissing the plaint before making decisions on other ancillary applications in the lawsuit.
The committee had requested the dismissal of the plea, citing that the lawsuit is prohibited by the Places of Worship (Special Provisions) Act, 1991, which restricts alterations in the character of religious places.
The Case
The Hindu side asserts that Mughal Emperor Aurangzeb built the Idgah mosque by razing a temple situated on 13.37 acres at the birthplace of Lord Krishna. The primary legal case is currently awaiting resolution in the High Court.
There are a total of 17 lawsuits awaiting resolution in the High Court. The key claims in these cases seek a declaration that the land in question, where the Shahi Eidgah Mosque is located, belongs to the deity Lord Shri Krishna Virajman. Additionally, these lawsuits seek an order for the removal of the mosque by the defendant.
