Passing the interim order, the top court issued notice on a special leave petition filed by the mosque committee against Allahabad High Court’s December 14 order
Supreme Court on Tuesday stayed the implementation of the Allahabad High Court order appointing advocate commissioners to inspect the mosque in connection with Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute case.
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The matter was heard by a bench headed by Justice Sanjiv Khanna, also comprising Justice Dipankar Datta. Passing the interim order, the top court issued notice on a special leave petition filed by the mosque committee against Allahabad High Court’s December 14 order allowing an application for the appointment of a court commissioner to inspect the mosque.
The stay by the SC puts a pause on the implementation of the survey pending further judicial proceedings.
Expressing reservations about the manner in which the commission application was filed, Justice Khanna said, “We have reservations about the application. Look at the prayer. It’s so vague. Read it. You cannot make an omnibus application like this. You have to be very clear what you want the local commissioner to do.”
“There are legal issues that arise. That apart, the application for local commissioner is very vague. Can an application be made like this? …We are staying the operation of the impugned order to the extent of the commission being executed”, he added.
The top court further said that proceedings before the High Court can continue but the commission will not be executed in the meantime.
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On December 15, the Supreme Court refused to stay the High Court’s December 14 order which allowed the primary survey of mosque by a court-monitored three-member team of advocate commissioners.
Over a dozen petitions are pending before the High Court regarding the Eidgah complex, with the Hindu side claiming that the mosque was constructed by Mughal Emperor Aurangzeb by demolishing a temple on 13.37 acres of Lord Krishna’s birthplace.
