Krishna Janmabhoomi-Shahi Eidgah case: Supreme Court extends stay on Allahabad HC order approving survey of mosque complex

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

A bench of Justices Sanjiv Khanna and Dipankar Datta fixed the matter for consideration in August, 2024.

The court, meanwhile, asked the parties to file pleadings and written submissions.

"Interim orders to continue, we clarify, we have not stayed the suit proceedings before the High Court," the bench said.

Senior advocate Shyam Divan for the Hindu side submitted Order 7, Rule 11 of the CPC, application is coming up for hearing on Tuesday before the High Court.

The court had on January 16, 2024 stayed the High Court's order, while clarifying that the other proceedings before the High Court would continue in the matter.

The High Court order had directed for a commission to be appointed to inspect Shahi Eidgah 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.