SC refuses to stay Allahabad HC order allowing survey of Shahi Idgah mosque complex

New Delhi: The Supreme Court on Friday declined to stay the Allahabad High Court's December 14 order directing a survey of the Shahi Idgah mosque abutting the Shri Krishna Janmabhoomi Temple in Mathura.

Senior advocate Huzefa Ahmedi, on behalf of the masjid side, asked a bench of Justices Sanjiv Khanna and S V N Bhatti to make an intervention in view of the High Court's order.

He said the court had earlier said the matter required a hearing and asked the side to file written submissions.

"But now, the high court is considering certain applications which will have far-reaching consequences," he said.

"At this stage, we will not stay anything. If there's any adverse order, you can come here,” the bench said.

Ahmadi said an order was passed on Thursday directing an advocate commissioner and a commission to be appointed to inspect Shahi Idgah mosque.

"This is happening while the apex court is seized of this matter deciding the jurisdiction," he said.

The bench asked Ahmadi to tell the high court that it is hearing the matter on January 9.

Ahmadi contended the high court is not listening.

The bench, however, said the only thing before the apex court is transfer of jurisdiction and as such, the matter is not on merits before it now.

The bench told Ahmadi that in case he wanted to challenge, then file the appeal.

"In case the petitioner has any grievance, it will be open to the petitioner to file a challenge in accordance with law," the bench said.

The Allahabad High Court on Thursday allowed the primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi Temple in Uttar Pradesh's Mathura by a court-monitored three-member team of advocate commissioners.

The modalities of the survey will be decided on December 18, when the court resumes the hearing.

A bench of Justice Mayank Kumar Jain had said it would decide on the appointment of a commissioner and the modalities of the survey on Monday.

The court had passed the order on a petition filed on behalf of the deity (Bhagwan Shree Krishna Virajman) through Hari Shankar Jain and others. The petitioners contended that the mosque was built by Mughal emperor Aurangzeb after demolishing a part of Lord Krishna’s birthplace.

“It was our demand that a survey be undertaken by an advocate commissioner as there is much evidence in the mosque that prove that it was in fact a Hindu temple,” petitioner Jain said, terming the ruling “historical”.

The petitioners have claimed ownership over the entire 13.37 acres of land on which the structures are situated. They have also challenged the 1968 agreement between the Shahi Idgah Mosque Committee and the Shri Krishna Janmabhoomi Trust that allowed the mosque to use the land on which it was situated.