Krishna Janmabhoomi Case | Supreme Court Extends Stay On HC Order For Commission Inspection Of Shahi Idgah Mosque

The Supreme Court today (January 22) extended the interim stay on the order of the Allahabad High Court for the inspection of the Shahi Eidgah Mosque by a Court Commissioner.The bench of CJI Sanjiv Khanna, Justices Sanjay Kumar and KV Viswanathan was considering the appeals filed by the Mosque Committee challenging the Allahabad High Court's order. The petitions are filed against the Allahabad High Court's order whereby it transferred to itself the suits from the Mathura court and the December 2023 order of the High Court allowing the appointment of a court commissioner to inspect the Shahi Eidgah mosque." List in the week commencing 1st April 2025, interim order to continue" the CJI recorded in the order. Notably, the Court is also seized with the challenge to the Allahabad High Court which dismissed the plea of Shahi Idgah Masjid filed under Order 7 Rule 11 CPC. This plea challenged the maintainability of 18 suits filed by the deity and Hindu worshippers seeking the removal of the Shahi Idgah. The mosque committee argued that the Places of Worship Act barred the suits.BackgroundThe controversy is related to Mughal emperor Aurangzeb-era Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna. In 1968, a 'compromise agreement' was brokered between the Shri Krishna Janmasthan Seva Sansthan, which is the temple management authority, and the Trust Shahi Masjid Eidgah allowing both places of worship to operate simultaneously. However, the validity of this agreement has now been challenged in the fresh suits by parties seeking various forms of relief in courts with respect to Krishna Janmabhoomi. The litigants' contention is that the compromise agreement was made fraudulently and is invalid in law. Claiming a right to worship at the disputed site, many of them have sought the removal of the Shahi Eidgah mosque. In May, 2023, the Allahabad High Court transferred to itself all suits pending before the Mathura Court praying for various reliefs pertaining to the dispute. "...Looking to the fact that as many as 10 suits are stated to be pending before the civil court and also there 25 should be more suits that can be said to be pending and issue can be said to be seminal public importance affected the masses beyond tribe and beyond communities having not proceeded an inch further since their institution on merits for past two to three years, provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this Court under Section 24(1)(b) CPC." This transfer order was challenged in the Supreme Court by the mosque committee, and later by the Uttar Pradesh Sunni Central Waqf Board. In December, 2023, the High Court allowed a plea seeking the appointment of a court commissioner to inspect the Shahi Idgah Mosque. The order was passed on an Order 26 Rule 9 CPC application filed by the deity (Bhagwan Shri Krishna Virajman) and 7 others. In January, 2024, the Supreme Court stayed the implementation of the order. Subsequently, this stay was extended.Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors. | Special Leave Petition (Civil) No. 14275 of 2023 and other connectedClick Here To Read/Download Order

Krishna Janmabhoomi Case | Supreme Court Extends Stay On HC Order For Commission Inspection Of Shahi Idgah Mosque

Anmol Kaur Bawa

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