THE JHARKHAND STORY DESK
New Delhi, Dec 15: The Supreme Court on Friday declined to stay the December 14 judgment of the Allahabad High Court, permitting a court-monitored team of advocate commissioners to conduct a primary survey of the Shahi Idgah Mosque complex next to the Shri Krishna Janmabhoomi Temple in Mathura, Uttar Pradesh.
In hearing the Krishna Janmabhoomi-Shahi Eidgah Mosque case, a bench of Justices Sanjiv Khanna and SVN Bhatti noted that the High Court ruling had not been formally challenged before it.
Senior advocate Huzefa Ahmadi, representing the Mosque Committee, informed the bench that the High Court has issued specific interim orders that could influence the final decision. He stated that a survey of the property was permitted by the High Court yesterday.
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“How can I stay the order without it being before me?” asked Justice Khanna, expressing his disinclination to meddle with the order, which has not been challenged before it.
The bench stated that if the mosque committee has any grievances, it is eligible to approach the Supreme Court.
“The special leave petition is listed for January 9. Let it come up on the said date. All issues and contentions will be considered. In case the petitioner has any grievance, it will be open to the petitioner to file a challenge in accordance with the law,” the bench further stated.
The Supreme Court was considering a special leave petition challenging a High Court order from May 2023, which transferred several suits related to the land dispute to the High Court itself.
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.
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