The Supreme Court on Tuesday stayed the execution of the Allahabad High Court’s December 14, 2023, order allowing an application for inspection of the Shahi Idgah complex in Mathura by a court-appointed commissioner in connection with the Krishna Janmabhoomi dispute.
A bench of Justices Sanjiv Khanna and Dipankar Datta said there were legal issues which arise and need to be decided. Justice Khanna said the application filed before the HC seeking the appointment of a commissioner was “very vague”.
“Can an application be made like this? We have reservations about the application. Look at the prayer. It’s so vague. Read it. You cannot make an omnibus application like this. You have to be very clear about what you want the local commissioner to do,” he said.
The mosque committee has approached the SC saying that its petitions challenging the High Court order transferring to itself all suits in connection with the dispute are pending and the HC should not have given any interim relief to the other side in the meantime.
Issuing notice, the Supreme Court bench said the proceedings before the HC can continue but the commission will not be executed till the next date. The court will hear it again on January 23
In May last year, the Allahabad High Court had transferred to itself all the suits on the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
At least a dozen cases have been filed in courts in Mathura by different petitioners. A common thread in all the petitions is a prayer for the removal of the mosque from the 13.37-acre complex, which it shares with the Katra Keshav Dev temple.
