Janmabhoomi case: HC puts off hearing on modalities of survey

PRAYAGRAJ: The Allahabad High Court on Monday adjourned the hearing on the issue of modalities and composition of the commission that will survey the Shahi Eidgah premises adjoining the Krishna Janmabhoomi temple in Mathura.

The hearing was put off on the request of the Muslim side which informed the court that they have filed a Special Leave Petition before the Supreme Court against the order on the survey commissioner and the apex court has fixed January 9, 2024 for hearing the matter.

Last Thursday, the High Court agreed to the appointment of an advocate-commissioner to oversee the survey of the mosque, which the petitioners claim holds signs suggesting that it was once a Hindu temple.

Justice Mayank Kumar Jain, while hearing a suit filed in the name of the deity - Bhagwan Shrikrishna Virajman at Katra Keshav Dev - and seven others, had allowed the application for the commission survey.

The Supreme Court on Friday refused to stay the Allahabad High Court’s decision allowing a court-monitored survey of the Shahi Idgah adjoining the Krishna Janmabhoomi temple in Mathura on an oral plea by the Muslim side and asked them to challenge the order by way of an appeal.

The High Court had on Thursday allowed a court-monitored survey of the Shahi Idgah and agreed to the appointment of an advocate commissioner to oversee the survey of the mosque premises.

The bench told senior advocate Huzefa Ahmadi, appearing for the mosque committee, who said the High Court has been considering interlocutory applications having ‘far reaching ramifications’ in the matter and passing orders, that the order of the High Court passed on Thursday has not been formally challenged before it.

Ahmadi said the High Court is entertaining application after application even as the issue of its jurisdiction to transfer to itself all matters related to the dispute is under challenge before the apex court.

The HC had on May 26 transferred to itself all matters related to the Sri Krishna Janmabhoomi-Shahi Idgah dispute pending before Mathura court.

On November 10, the top court had refused to stay the proceedings before the High Court on suits related to Krishna Janmabhoomi-Shahi Idgah dispute, saying it will not be appropriate for it to interfere with the HC order without hearing both sides.