Krishna Janmabhoomi case: SC orders continuation of stay on survey of Idgah complex

The top court had on January 16 stayed the operation of the December 14, 2023 order of the Allahabad High Court which allowed a court-monitored survey of the Shahi Idgah Mosque complex.

New Delhi: The Supreme Court on Monday extended its stay on the Allahabad High Court's December 14, 2023 order directing a survey of the Shahi Idgah mosque abutting the Krishna Janmabhoomi temple in Mathura.

A bench of Justices Sanjiv Khanna and Dipankar Datta posted the matter for consideration in April and asked the parties to file pleadings and written submissions.

The court had on January 16 stayed the HC's order, while clarifying that the other proceedings before the High Court would continue in the matter.

The HC's order had directed for a commission to be appointed to inspect Shahi Idgah mosque.

The apex court has already seized of the matter related to transfer of jurisdiction. The High Court had on May 26, 2023 decided to hear itself  nearly 18 suits relating to Krishna Janmasthan-Shahi Eidgah land dispute by transferring them to itself from various civil courts in Mathura.

The Allahabad High Court on December 14, 2023 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 court had then 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. 

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.