Read Time: 05 minutes

Synopsis

A division bench of the Supreme Court today extended its earlier order of stay on the appointment of a court commissioner to inspect the Shahi Idgah Mosque till April.

Justices Sanjiv Khanna and Dipankar Datta's bench has adjourned the hearing in the plea while directing the parties to file the written submissions by the next date of hearing.

 

On January 16, the bench had stayed the Allahabad High Court's order granting permission for the appointment of a court commissioner to inspect the Shahi Idgah Mosque.

Court had allowed the plea made by the Mosque Committee while observing that the prayers made before the high court were vague.

Last month, an oral plea to stay the said order was made before a bench of Justices Sanjiv Khanna and SVN Bhati which had denied the same while hearing a petition filed by the Mosque Committee challenging the High Court's earlier order transferring to itself all the suits filed before the Mathura Court in connection with Krishna Janmabhoomi-Shahi Idgah dispute.

In November the Supreme Court had in fact declined to stay the High Court's order transferring to itself all the suits filed before the Mathura Court.

Court had earlier called for details on the matter from the Registrar of the High Court while hearing a plea filed by Committee of Management Trust, Shahi Masjid Idgah against the Allahabad High Court's May 26 order, directing for transfer of all suits related to claims on the birthplace of Lord Krishna, to itself.

Notably, on July 21, Supreme Court had orally observed that maybe it would be better if the issue involving the Krishna Janmbhoomi- Shahi Idgah dispute was settled at the High Court level as it would maybe have a better ability to handle a suit of this nature.

The bench was also of the opinion that it would be in the larger interest that all the suits are consolidated and tried by a higher authority.

Recently, a division bench of the Supreme Court had also refused to entertain an SLP filed against the Allahabad High Court's order passed in July whereby it had dismissed a plea filed by the Shri. Krishna Janambhoomi Mukti Nirman Trust seeking a direction for scientific survey of the Krishna Janmabhoomi-Shahi Idgah premises.

Justice SK Kaul led bench has held that the impugned order passed by the Mathura Civil Court cannot be held to be passed without jurisdiction as the same was passed before all suits on the subject were transferred to the High Court.

Case Title: COMMITTEE OF MANAGEMENT, TRUST SHAHI MASJID IDGAH vs. BHAGWAN SHRIKRISHNA VIRAJMAN & ORS.