New Delhi: The Supreme Court on Friday declined to stay the Allahabad High Court’s order for appointing a court commissioner to conduct a survey of the Shahi Eidgah mosque complex in Mathura, which is claimed by some Hindu groups as the birthplace of Lord Krishna. The Eidgah mosque committee had moved the Supreme Court against the High Court’s order, alleging that it was illegal and arbitrary.
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The lawyer for the mosque committee, Huzefa Ahmadi, argued that the Supreme Court had already admitted their petition challenging the transfer of all the cases related to the dispute to the Allahabad High Court. He said that the Supreme Court had asked for written arguments on their petition and had said that it required a detailed hearing. He said that the matter was still pending in the Supreme Court, but the High Court had passed an order for the survey, which would prejudice the outcome of the case.
The Supreme Court bench, headed by Chief Justice N V Ramana, said that the petition against the transfer of the cases was listed for hearing on January 9th. The bench said that it would hear the matter on that day and that the mosque committee had not formally challenged the High Court’s order of yesterday. The bench said that it could not pass any interim order at this stage.
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Ahmadi urged the Supreme Court to intervene, saying that the High Court was going to pass an order on finalizing the outline of the survey on December 18th. He said that the Supreme Court’s intervention was necessary to protect the rights of the mosque committee.
The Supreme Court said that the mosque committee could inform the High Court that the Supreme Court was going to hear the dispute on January 9th. The Supreme Court also said that the mosque committee could tell the High Court about its observations made today.
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Ahmadi said that they had informed the High Court about the pending hearing in the Supreme Court, but the High Court did not pay heed to them. He said that after today, the Supreme Court would be closed for the winter vacation and that if the High Court passed any order further, it would not be possible to challenge it in the Supreme Court immediately.
The Supreme Court said that it was not intervening right now and that if the High Court’s order went against the mosque committee, they could challenge it in the Supreme Court.
