Supreme Court refuses to stay Allahabad High Court order appointing commissioner to inspect Shahi-Idgah mosque

The Supreme Court on Friday declined to stay an Allahabad High Court order allowing the appointment of a court commissioner to inspect the premises of the Shahi-Idgah mosque in connection with the Krishna Janmabhoomi-Shahi Idgah Masjid dispute..The matter was mentioned today before a bench of Justices Sanjiv Khanna and SVN Bhatti by Senior Advocate Huzefa Ahmadi, who made a request the stay the High Court order passed yesterday. The Court, however, declined to accede to the request and said it would consider the issue in January 2024..The matter is rooted in allegations that the Mathura Shahi Idgah Masjid was built over Krishna Janmabhoomi land. A civil suit had been filed in the matter on behalf of a Hindu deity Bhagwan Shri Krishna Virajman and certain Hindu devotees. The plaintiffs had sought the removal of the mosque on allegations that it was built over Krishna Janmabhoomi land.The plaintiffs further claimed that there were various indications to support the view that the Shahi-Idgah Mosque is, in fact, a Hindu temple. Therefore, an application was made before the High Court to appoint a commissioner to examine the site..On December 14 (Thursday), the Allahabad High Court allowed this application, which is now sought to be challenged before the Supreme Court. .The main suit is presently pending before the High Court after trial court proceedings in the matter were transferred earlier this year..The suit had initially been dismissed by a civil court in September 2020, citing the bar on admitting the case under the Places of Worship (Special Provisions) Act, 1991. However, this decision was overturned after an appeal before the Mathura District Court.The appellants had asserted that as devotees of Lord Krishna, they have a right to move the suit in view of their fundamental religious rights under Article 25 of the Constitution of India.The Mathura District Court in May 2022 held that the suit was maintainable and overturned the civil court order dismissing the suit. The matter was later transferred to the High Court in 2023.