Today, the Supreme Court declined to stay an Allahabad High Court directive permitting the assignment of a court commissioner to examine the Shahi-Idgah mosque premises in the ongoing Krishna Janmabhoomi-Shahi Idgah Masjid dispute.

Senior Advocate Huzefa Ahmadi brought the issue before a bench comprising Justices Sanjiv Khanna and SVN Bhatti today, seeking a stay on the High Court's order issued yesterday. However, the Court refused to grant the request, indicating that the matter would be deliberated upon in January 2024.

This issue stems from allegations asserting that the Mathura Shahi Idgah Masjid was constructed on land believed to be the Krishna Janmabhoomi.

A civil suit was initiated on behalf of the Hindu deity Bhagwan Shri Krishna Virajman and specific Hindu devotees regarding the matter. The plaintiffs sought the mosque's removal, alleging that it was constructed on land considered sacred as Krishna Janmabhoomi.

The plaintiffs additionally asserted several indicators supporting the perspective that the Shahi-Idgah Mosque might have origins as a Hindu temple. Consequently, they filed an application before the High Court, requesting the appointment of a commissioner to investigate and examine the site.

The primary lawsuit is currently under consideration in the High Court following the transfer of trial court proceedings earlier this year.

Initially, the suit had been dismissed by a civil court in September 2020, citing the prohibition on admitting the case under the Places of Worship (Special Provisions) Act, 1991. However, this ruling was reversed following an appeal made before the Mathura District Court.

The appellants argued that, as devotees of Lord Krishna, they possess the right to file the suit based on their fundamental religious rights protected under Article 25 of the Constitution of India.

In May 2022, the Mathura District Court deemed the suit maintainable and reversed the civil court's decision that had initially dismissed the case. Subsequently, in 2023, the case was transferred to the High Court for further proceedings.