In a recent development, the Supreme Court of India has intervened in the controversy surrounding the Krishna Janmabhoomi-Shahi Idgah complex in Mathura, Uttar Pradesh. The apex court has temporarily suspended the Allahabad High Court's order that permitted the appointment of an Advocate Commission to conduct a survey of the site.

The Allahabad High Court had issued the order on December 14, granting approval for the appointment of a commission to conduct a comprehensive survey of the complex. However, the Supreme Court has now directed that the implementation of this order be put on hold until further notice.

The decision was made by a bench of Justices Sanjiv Khanna and Dipankar Datta, who expressed concerns about the vague nature of the application filed by Hindu devotees seeking the survey. Justice Khanna remarked during the hearing, "This is wrong. You have to be clear about what you want the commission to be for. You cannot make an omnibus application."

Senior advocate Tasneem Ahmadi, representing the Shahi Idgah masjid trust, argued that the High Court's order allowing the commission's appointment was incorrect. She also pointed out that the issue of maintainability under Order 7 Rule 11 was already pending before the court. Ahmadi based her arguments on a recent Supreme Court verdict, emphasizing that interim reliefs cannot be granted until the prima facie issues of maintainability and jurisdiction are decided.

The Supreme Court clarified that the stay order only pertains to the implementation of the High Court's decision to set up an Advocate Commission for the survey and does not prevent the High Court from continuing to hear other aspects of the case.

"We are not issuing a complete stay," the court clarified.

The court has issued a notice to the Hindu devotees to respond to the plea filed by the Masjid trust, and the matter is scheduled to be heard on January 23.

The Shahi Idgah Masjid trust has challenged the High Court's decision, arguing that a survey should not be conducted as a "fishing exercise." The trust contends that the pleas filed by Hindu devotees claiming the Idgah mosque structure are barred by the Places of Worship Act of 1991. Additionally, they argue that the petitions are not maintainable, citing judgments in 1973 and 1974 upholding the settlement agreement between the Temple trust and the Mosque trust.

The Mosque Committee further argues that Hindu devotees have not provided substantive evidence for their claim that the "jail cell" where Krishna was born is under the existing Idgah Mosque. They contend that a survey cannot be conducted to "find evidence" of the claim, as it is prohibited by the 1991 Act and the settlement agreements.

Numerous petitions related to the Idgah complex are currently awaiting a decision from the Allahabad High Court. The Hindu claim in these cases suggests that the mosque was built by Mughal Emperor Aurangzeb, allegedly after demolishing a temple, on a 13.37-acre site believed to be Lord Krishna's birthplace.