The Supreme Court has rejected a stay on the Allahabad High Court’s order in the Shri Krishna Janmabhoomi – Shahi Eidgah Masjid dispute in Mathura. The High Court’s recent decision permits a survey of the mosque premises, with a hearing scheduled on December 18 to determine the survey’s procedures.
On Friday, the Supreme Court bench of Justices Sanjiv Khanna and SV N Bhatti declined the oral request from the mosque committee to stay the High Court order. The bench explained that since the order has not been formally challenged, they cannot intervene.
The mosque committee’s petition challenges the Allahabad High Court’s May 2023 order, transferring several land dispute cases to it. Senior advocate Huzaifa Ahmadi, representing the mosque committee, expressed concern over the High Court considering interim applications with significant implications while the committee’s petition questioning the High Court’s jurisdiction is pending before the apex court. The bench refused to interfere in the High Court’s order, stating that they cannot stay an order that has not been presented to them.
Ahmadi urged the bench to intervene, citing the apex court’s previous statement about the need for a hearing in the case. The petition on behalf of Shri Krishna Virajman, claiming ownership of the 13.37-acre land where the mosque is located, alleges that Aurangzeb built the mosque by demolishing part of Lord Krishna’s birthplace.
