The Supreme Court on Wednesday extended its stay on the Allahabad High Court’s order that had authorized a court-monitored survey of the Shahi Idgah Mosque complex in Mathura.
The complex is situated next to the Krishna Janmabhoomi temple, a site of profound religious significance for Hindus.
A bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan deferred the hearing on the matter, which pertains to a plea by the ‘Committee of Management of Trust Shahi Masjid Idgah’ challenging the survey. The case will now be heard in the week starting April 1.
The Chief Justice noted that three key issues were pending before the Supreme Court: an intra-court appeal regarding the consolidation of multiple lawsuits filed by Hindu litigants, a challenge to the Places of Worship (Special Provisions) Act, 1991, and the issue of the survey itself. The Court further stated that the interim order of the Allahabad High Court staying the survey will remain in effect until the matter is heard in April.
This case originated from a December 14, 2023, order by the Allahabad High Court, which allowed a court-monitored survey of the Shahi Idgah mosque complex and authorized the appointment of a court commissioner to oversee the process. The Supreme Court first stayed this order on January 16, 2024, following an appeal filed by the mosque committee.
The Hindu side claims that the site in question shows signs that a temple once existed there, and advocate Vishnu Shankar Jain, representing the Hindu parties, argued that the appeal filed by the mosque committee against the High Court’s order had become irrelevant. He pointed out that the High Court had dismissed a plea by the Muslim parties, which questioned the maintainability of 18 cases related to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura. The High Court’s ruling held that the religious character of the mosque needed to be determined.
The High Court had also rejected the Muslim parties’ argument that the Hindu litigants’ lawsuits violated the Places of Worship (Special Provisions) Act, 1991, which prohibits altering the religious character of any place of worship as it stood on August 15, 1947, with the sole exception of the Ram Janmabhoomi-Babri Masjid dispute.
In Mathura, a suit was filed in the Civil Judge Senior Division (III) court seeking the relocation of the Shahi Idgah mosque, claiming it was constructed on land that belongs to the Shri Krishna Janmabhoomi Trust, covering 13.37 acres. The Hindu side requested the High Court to conduct the trial in a manner similar to the Babri Masjid-Ram Janmabhoomi dispute.
While granting permission for the court-monitored survey, the High Court stipulated that no harm should come to the mosque structure during the process, which could be overseen by a 3-member commission of advocates.
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