SC extends stay on Shahi Idgah Mosque survey, sets April hearing

SC extends stay on Shahi Idgah Mosque survey, sets April hearing

In the contentious issue surrounding the Shahi Idgah Mosque complex adjoining the Krishna Janmabhoomi temple in Mathura, the Supreme Court has extended the interim stay on the operation of the Allahabad High Court order for a court-monitored survey. The apex court bench comprising Justices Sanjiv Khanna and Dipankar Datta, has scheduled further hearings for the plea filed by the Committee of Management Trust Shahi Masjid Idgah in the first half of April.

"Interim orders wherever granted shall continue. Re-list in the first half of April 2024," stated the bench in its order, directing all involved parties to complete the pleadings by the designated time. The Supreme Court also announced its intention to address all petitions related to the issue simultaneously during the April hearings.

This decision follows the Supreme Court's earlier stay on the Allahabad High Court's December 14, 2023 order, which had permitted a court-monitored survey of the Shahi Idgah Mosque complex. Additionally, the top court halted the high court's order for the appointment of a court commissioner to oversee the survey, citing legal ambiguities and procedural concerns.

However, the Supreme Court clarified that proceedings regarding the dispute's jurisdiction and the lawsuit's maintainability under Order 7 Rule 11 of the Civil Procedure Code (CPC) would continue before the Allahabad High Court. The court expressed reservations regarding the vague application submitted to the high court for appointing a court commissioner, emphasizing the need for clarity in legal proceedings.

The Supreme Court's notice to the Hindu bodies soliciting their response on the Mosque committee's plea indicates a balanced approach in considering all perspectives involved in the dispute. The mosque committee contends that the high court should have evaluated its petition challenging the suit's maintainability before entertaining any ancillary applications.

The committee argues for the rejection of the plea based on the Places of Worship (Special Provisions) Act, 1991, which prohibits altering the character of religious places post-August 15, 1947. Notably, the Act made an exception for the Ram temple in Ayodhya.

Despite allowing the plea for a court-monitored survey, the Allahabad High Court emphasized the preservation of the Mathura structure's integrity during the exercise, entrusting its oversight to a three-member commission of advocates.

The Supreme Court is also seized with another petition filed by the mosque committee, challenging the high court's May 26, 2023 order transferring all matters related to the dispute to itself from a Mathura court.

In Mathura, a lawsuit was initiated in the court of Civil Judge Senior Division, advocating for the relocation of the Shahi Idgah mosque, with the Hindu side asserting its construction on part of the 13.37-acre land of the Shri Krishna Janmabhoomi Trust. The Hindu side petitioned for the high court to conduct the original trial, akin to its role in the Babri Masjid-Ram Janmabhoomi title dispute.

 

 

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