SC refuses to stay Allahabad HC order approving survey of Shahi Idgah complex

In the Mathura Krishna Janambhoomi case, the Supreme Court has declined to stay the order passed by the Allahabad High Court directing a court-monitored survey of the Shahi Eidgah mosque. The Apex Court said that in case the masjid side has any grievance, it can file a challenge in accordance with law.

New Delhi :The Supreme Court Friday declined to stay the order passed by the Allahabad High Court on Thursday, directing a survey of the Shahi Eidgah mosque abutting the Krishna Janmabhoomi temple in Mathura.

Senior advocate Huzefa Ahmedi, representing the masjid side, made submissions before a bench comprising justices Sanjiv Khanna and S V N Bhatti. Ahmadi submitted that lordships were of the view that the matter required hearing and asked us to file written submissions. He said now, the high court is considering certain applications which will have far-reaching consequences.

Justice Khanna said, “ At this stage, we will not stay anything. If there's any adverse order, you can come here…..”.

Ahmadi said, yesterday, an order was passed directing commissioner to go and commission to be appointed to inspect Shahi Eidgah mosque and this happening while the apex court is seized of this matter deciding the jurisdiction.

Justice Khanna asked Ahmadi to tell the high court that it is hearing the matter on January 9. Ahmadi replied that the high court is not listening. Justice Khanna said please tell the high court that this matter is listed on January 9, please tell them the observations of the court today.

Justice Khanna said the only thing before the apex court is transfer of jurisdiction and as such, the matter is not on merits before the court now. The bench told Ahmadi that in case he wants to challenge, then file the appeal.

The bench added that, "In case the petitioner has any grievance, it will be open to the petitioner to file a challenge in accordance with law."

The Allahabad High Court Thursday 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 modalities of the survey will be decided on December 18, when the court resumes the hearing. A counsel, representing the Hindu side, had reportedly said that their application, where they demanded a survey of Shahi Idgah Masjid by an advocate commissioner, has been approved by the Allahabad High Court.

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