Supreme Court Stays Allahabad HC Order For Survey Of Shahi Idgah Mosque In Mathura

The Supreme Court on Tuesday (16 January) stayed an Allahabad High Court order on appointing an advocated commissioner to conduct a survey of the disputed Shahi Idgah Mosque in Uttar Pradesh's Mathura.

The High Court had given its nod to the survey by a court-appointed and monitored advocate commissioner.

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The SC bench comprising Justices Sanjiv Khanna and Dipankar Datta passed the interim order while issuing notice on a special leave petition filed by the mosque committee against the 14 December order of the Allahabad High Court.

Appearing for the Mosque Committee, advocate Tasneem Ahmadi argued that the High Court could not have passed the order when an application seeking rejection of the suit as barred by the Places of Worship Act 1991 (under Order VII Rule 11 CPC) is pending, Livelaw reported.

Hindu outfits have claimed the mosque was built on the birthplace of Lord Krishna and had demanded a survey. The demand was admitted by a local court in December last year but the Muslim side had filed an objection in the High Court.

The bench also expressed reservations about the manner in which the commission application was filed.

"We have reservations about the application. Look at the prayer. It's so vague. Read it. You cannot make an omnibus application like this. You have to be very clear what you want the local commissioner to do," Justice Khanna told Senior Advocate Shyam Divan, who is representing the plaintiffs.

"There are legal issues that arise. That apart, the application for local commissioner is very vague. Can an application be made like this? ...We are staying the operation of the impugned order to the extent of the commission being executed.…", Justice Khanna said.

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