Krishna Janmabhoomi Case: Supreme Court declines to stay HC order appointing Commissioner to inspect Mosque
Dec 15, 2023
New Delhi [India], December 15 : The Supreme Court on Friday refused to stay Allahabad High Court's December 14 order, which 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.
A bench of Justices Sanjiv Khanna and SVN Bhatti hearing the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute observed that the High Court order had not been formally challenged before it.
Senior advocate Huzefa Ahmadi, for the Mosque Committee, told the bench that the High Court has passed certain interlocutory orders that have an impact on the outcome. He said yesterday the High Court allowed a survey of the premises.
Justice Khanna expressed disinciination to interfere with the order which has not been challenged before it saying, "How can I stay the order without it being before me?"
The bench said the mosque committee can approach the Supreme Court if it has any grievances.
"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 added.
The top court was hearing a special leave petition challenging a May 2023 order of the High Court transferring to itself a clutch of suits over the land dispute.
On Thursday, the High Court, while allowing a survey of the mosque, fixed December 18 as the next date of hearing for finalising the modalities.
The suit was filed by the deity (Bhagwan Sri Krishna Virajman) and seven others, claiming that Lord Sri Krishna's birthplace lies beneath the mosque and that there are many signs that establish that the mosque was once a Hindu temple.
It was submitted from the Hindu side that there exists a lotus-shaped pillar which is characteristic of Hindu temples and an image of 'Sheshnaag', one of the Hindu deities who protected Lord Krishna on the night of his birth, is also present there.
