In relation to the Krishna Janmabhoomi-Shahi Idgah Masjid dispute, the Supreme Court on Tuesday stayed the Allahabad High Court’s order for the appointment of a court commissioner to inspect the Shahi-Idgah mosque’s premises.
A bench consisting of Justices Sanjiv Khanna and Dipankar Datta issued an order permitting the High Court’s proceedings to proceed, but prohibiting the Commission from being implemented until the following date of the top court’s hearing.
The Court had previously noted that the local commissioner’s appointment application, which was submitted to the High Court, was extremely ambiguous and comprehensive.
“The prayer (for commissioner), it is so vague! It has to be specific. This is wrong, you have to be very clear what you want him for, you leave it to the court. It is an omnibus application,” Justice Khanna observed.
The supreme court further stated that there were legal issues that needed to be taken into account in the case, as well as the question of whether to transfer the case.
“Issue notice. Tag with transfer matter, list on 23rd January. Proceedings before High Court can continue but commission cannot be executed till next date,” it ordered
The High Court granted the application submitted by Bhagwan Shri Krishna Virajman, a Hindu deity, and seven other Hindu parties on December 14 of last year.
The plaintiffs (Hindu side) in the original suit filed before the High Court asserted that land on which the Mathura Shahi Idgah Masjid was constructed was Krishna Janmabhoomi’s. This was the basis for the filing of the application.
On behalf of some Hindu devotees and the Hindu deity Bhagwan Shri Krishna Virajman, a civil suit has been filed in this case. The plaintiffs claim the mosque should be demolished because it was constructed on land that belongs to Krishna Janmabhoomi.
The plaintiffs have also asserted that there are a number of indicators that point to the Shahi-Idgah Mosque’s status as a Hindu temple. Thus, a request to name a commissioner to inspect the site was filed with the High Court.