SC Refuses To Stay Allahabad High Courts Order To Survey Shahi Idgah Complex In Mathura

SC Refuses To Stay Allahabad High Courts Order To Survey Shahi Idgah Complex In Mathura
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SC Refuses To Stay Allahabad High Courts Order To Survey Shahi Idgah Complex In Mathura

New Delhi: The Supreme Court on Friday refused to stay Allahabad High Court’s December 14 order which allowed the primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi T

SC Refuses To Stay Allahabad High Court's Order To Survey Shahi Idgah Complex In Mathura
Shahi Idgah Mosque, Mathura

New Delhi: The Supreme Court on Friday refused to stay Allahabad High Court’s December 14 order which 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.

Lawyer for the Hindu side, Vishnu Shankar Jain said that the top court has fixed the hearing of matter relating to the transfer order on January 9, 2024. “Supreme Court has refused to stay the proceedings and the Supreme Court has fixed the matter so far as challenge to the transfer order is concerned on 9th of January…The High Court order will continue and the high court will proceed with the matter and there is no stay by the Supreme Court,” Jain told news agency ANI.

The Muslim side in the Krishna Janambhoomi case decided to move the Supreme Court against the order of the Allahabad High Court allowing a court-monitored survey of the Shahi Idgah premises. Secretary of the Shahi Idgah Masjid Management Committee and advocate Tanveer Ahmed, in a statement issued late on Thursday night, said that the committee will challenge the High Court’s decision in the apex court. “Whatever legal process is possible will be taken against this decision,” he said.

The High Court on Thursday allowed a court-monitored survey of the Shahi Idgah complex, an important milestone in the temple-mosque dispute in Mathura. The court agreed to the appointment of an advocate commissioner to oversee the survey of the mosque premises, which the petitioners claim holds signs suggesting that it was a Hindu temple once.

The survey will be conducted on the lines of a similar but controversial exercise at the Gyanvapi Masjid in Varanasi last year, when Hindu petitioners claimed that a disputed structure found in the mosque premises was a “shivling”, though Muslims said it was part of a ritual ablution fountain.

Justice Mayank Kumar Jain said the modalities of the survey will be discussed at the next hearing on December 18.

The Hindu petitioners believe the mosque, built on the orders of Emperor Aurangzeb in 1670, was constructed atop the birthplace of Lord Krishna in Mathura. The petition (353/2023) was filed by eight people including “next friend” of Bhagwan Shree Krishna Virajman.

Moreover, the petition pleads that the High Court passes an order directing the UP Sunni Central Waqf Board and the Shahi Idgah mosque committee “to remove the construction raised by them encroaching upon the land” in dispute. The petition further asks the court to direct the two opposing parties to hand over the land to the Shree Krishna Janmbhoomi Trust within the time provided by the court.

The decision comes at a time when a similar legal fight is roiling Varanasi in the Kashi Vishwanath Temple-Gyanvapi Masjid case. In both cases, Hindu groups argue that temples were demolished by Islamic rulers to build mosques, and therefore, the land should be returned to Hindus.



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