Supreme Court temporarily halts Shahi Idgah survey in Mathura

PTC News Desk: The Supreme Court has temporarily halted the implementation of the Allahabad High Court's order, issued on December 14, allowing the appointment of an Advocate Commission for a survey of the Krishna Janmabhoomi-Shahi Idgah complex in Mathura, Uttar Pradesh.

The bench of Justices Sanjiv Khanna and Dipankar Datta, citing the application filed by Hindu devotees seeking the survey as "vague," noted that clarity is essential in specifying the purpose of the commission. Senior advocate Tasneem Ahmadi, representing the Shahi Idgah masjid trust, argued against the High Court's order, stating that it was incorrect and that the issue of maintainability under Order 7 Rule 11 was already pending.

The Supreme Court clarified that it is not issuing a complete stay, allowing the High Court to continue hearing other aspects of the matter. A notice has been issued to Hindu devotees to respond to the plea filed by the Masjid trust, and the matter is scheduled for further hearing on January 23.

The Shahi Idgah Masjid trust challenges the December 14 decision, contending that a survey cannot be conducted as a "fishing exercise." The trust argues that the pleas filed by Hindu devotees claiming the Idgah mosque structure are barred by the Places of Worship Act 1991.

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Additionally, the trust asserts that the petitions by Hindu devotees are not maintainable due to previous court judgments upholding settlement agreements between the Temple trust and the Mosque trust in 1973 and 1974. The Mosque Committee argues that the Hindu devotees provided no substantive evidence for their claim that the "jail cell" where Krishna was born is under the existing Idgah Mosque. The trust emphasizes that a survey to "find evidence" of the claim is barred by the 1991 Act and the settlement agreements.

Several petitions are pending before the Allahabad High Court concerning the Idgah complex, with the Hindu side asserting that the mosque was constructed by Mughal Emperor Aurangzeb after demolishing a temple on Lord Krishna's birthplace.

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(Inputs from agencies)

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