Supreme Court Stays Allahabad High Court’s Order for Survey of Shahi Eidgah Mosque in Mathura

The Supreme Court has stayed the order of the Allahabad High Court appointing an advocate commissioner to survey the Shahi Eidgah mosque adjoining the Krishna Janmabhoomi temple in Mathura. The bench of Justices Sanjiv Khanna and Dipankar Datta found the application for the appointment of a local commissioner “vague” and emphasized the need for specificity in such requests. The court issued notice to Hindu bodies, and the case will be taken up on January 23.

The Krishna Janmabhoomi-Shahi Idgah Masjid case revolves around the claim that the Shahi Idgah mosque in Mathura holds signs suggesting it was originally a Hindu temple. Hindu petitioners argue that the mosque was constructed atop the birthplace of Lord Krishna and that a lotus-shaped pillar characteristic of Hindu temples exists on the mosque premises.

Allahabad High Court’s Order on Shahi Eidgah

On December 14, 2022, the Allahabad High Court allowed the plea of the Hindu side to conduct a court-monitored survey of the Shahi-Eidgah mosque premises in the Krishna Janmabhoomi case. The court passed the order on an application filed by a plaintiff seeking the restoration of the 13.37-acre land of the mosque. The mosque committee challenged the order, citing the Places of Worship (Special Provisions) Act, 1991, which bars the change of character of religious places.

Supreme Court’s Observations

The Supreme Court observed that the application for the appointment of a commissioner lacked specificity and was too vague. The bench highlighted the importance of clarity in such requests and expressed reservations about the vague nature of the application. The court also raised legal concerns about passing an interim order without establishing the prima facie maintainability of the suit.

While staying the order for the survey, the Supreme Court directed that the proceedings before the Allahabad High Court in the dispute will continue. The case is scheduled for the next hearing on January 23, where legal issues and the maintainability of the suits will be further examined.