The Supreme Court on Tuesday stayed the Allahabad High Court order for appointment of a court commissioner to inspect the premises of the Shahi-Idgah mosque in connection with the Krishna Janmabhoomi-Shahi Idgah Masjid dispute.A bench of Justices Sanjiv Khanna and Dipankar Datta ordered that the proceedings before the High Court can continue but the Commission cannot be executed till the next date of hearing before the top court.The Court had earlier observed that the application filed before the High Court for appointment of the local commissioner was very vague and omnibus."The prayer (for commissioner), it is so vague! It has to be specific. This is wrong, you have to be very clear what you want him for, you leave it to the court. It is an omnibus application," Justice Khanna observed.The apex court added that the issue of transfer of the case was also coming up and certain legal questions also arise for consideration in the case."Issue notice. Tag with transfer matter, list on 23rd January. Proceedings before High Court can continue but commission cannot be executed till next date," it ordered.On December 14 last year, the High Court had allowed the application filed on behalf of a Hindu deity, Bhagwan Shri Krishna Virajman and seven other Hindu parties.The application was filed as part of an original suit pending before the High Court, in which the plaintiffs (Hindu side) have claimed that the Mathura Shahi Idgah Masjid was built over Krishna Janmabhoomi land.The civil suit has been filed in the matter on behalf of a Hindu deity Bhagwan Shri Krishna Virajman and certain Hindu devotees. The plaintiffs have sought the removal of the mosque on allegations that it was built over Krishna Janmabhoomi land.The plaintiffs have further claimed that there were various indications to support the view that the Shahi-Idgah Mosque is, in fact, a Hindu temple. Therefore, an application was made before the High Court to appoint a commissioner to examine the site.
It would be better if Allahabad High Court hears Krishna Janmabhoomi-Shahi Idgah Masjid case to avoid disquiet: Supreme Court.The main suit is presently pending before the High Court after trial court proceedings in the matter were transferred earlier this year.The suit had initially been dismissed by a civil court in September 2020, citing the bar on admitting the case under the Places of Worship (Special Provisions) Act, 1991. However, this decision was overturned after an appeal before the Mathura District Court.The Mathura District Court in May 2022 held that the suit was maintainable and overturned the civil court order dismissing the suit. The matter was later transferred to the High Court in 2023.
TAGS: Supreme Court Allahabad High Court Shahi-Idgah mosque Krishna Janmabhoomi-Shahi Idgah Masjid dispute
