The Supreme Court on Tuesday stayed the Allahabad High Court order that allowed the appointment of a court commissioner to inspect the premises of the Shahi Idgah mosque in connection with the Krishna Janmabhoomi – Shahi Idgah Masjid dispute in Mathura.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta issued the stay order and directed that while proceedings before the High Court can continue, the execution of the commission’s appointment, will be halted until the next hearing before the apex court.
The Supreme Court, during the hearing, mentioned the “vague and omnibus” nature of the application filed before the High Court for the appointment of a local commissioner.
Justice Khanna remarked, “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,” as quoted by Bar and Bench.
Also Read: Krishna Janmabhoomi case: Allahabad HC gives nod for Shahi Idgah survey in Mathura
The bench raised legal issues regarding the imprecise application and emphasized the necessity for specificity in such requests. Senior advocate Shyam Divan, representing Hindu bodies like Bhagwan Shri Krishna Virajman, was told by the bench, “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.”
The court issued notices to the Hindu bodies, seeking their response, while clarifying that the proceedings before the High Court in the dispute would continue.
The apex court was hearing a plea from the Committee of Management, Trust Shahi Masjid Idgah, challenging a high court order permitting a court-monitored survey of the Shahi Idgah.
On December 14 of the previous year, the High Court granted permission for the application filed on behalf of a Hindu deity, Bhagwan Shri Krishna Virajman, and seven other Hindu parties.
The civil suit, representing Hindu deity Bhagwan Shri Krishna Virajman and specific Hindu devotees, seeks the removal of the mosque, alleging its construction on Krishna Janmabhoomi land. The plaintiffs argue that various indications support the view that the Shahi-Idgah Mosque is, indeed, a Hindu temple. Consequently, an application was filed before the High Court to appoint a commissioner for the examination of the site.
The committee sought the rejection of the plea on the grounds that lawsuit is prohibited by the Places of Worship (Special Provisions) Act, 1991, which restricts changes to the character of religious places.
The main suit is currently awaiting resolution before the High Court after trial court proceedings were transferred earlier this year. Initially dismissed by a civil court in September 2020, citing the bar under the Places of Worship (Special Provisions) Act, 1991, the decision was reversed following an appeal before the Mathura District Court in May 2022.
