The Supreme Court on Friday refused to grant a stay on the Allahabad High Court’s order dated December 14, permitting a primary survey of the Shahi Idgah complex adjoining the Shri Krishna Janmabhoomi Temple in Mathura, Uttar Pradesh. The survey is to be conducted by a court-monitored three-member team of advocate commissioners.
A bench comprising Justices Sanjiv Khanna and SVN Bhatti noted that the High Court’s order had not been formally challenged before them.
Senior advocate Huzefa Ahmadi, representing the Mosque Committee, informed the bench that the High Court had issued certain interlocutory orders with potential implications for the final outcome. He highlighted that the High Court had recently sanctioned a survey of the premises.
Justice Khanna expressed reluctance to intervene in an order that had not been challenged before the Supreme Court, stating, “How can I stay the order without it being before me?” The bench advised the mosque committee to approach the Supreme Court if they had any grievances.
“The special leave petition is scheduled for January 9. Let it come up on the said date. All issues and contentions will be considered. In case the petitioner has any grievance, it will be open to the petitioner to file a challenge in accordance with the law,” added the bench.
The Top Court was hearing a special leave petition (SLP) challenging a High Court order from May 2023, which transferred a set of suits related to the land dispute to itself.
In its ruling on Thursday, the High Court, while permitting the survey of the mosque, set December 18 as the next hearing date to finalize the modalities.
The suit was filed by the deity (Bhagwan Sri Krishna Virajman) and seven others, asserting that Lord Sri Krishna’s birthplace lies beneath the mosque.
The plaintiffs argue that numerous indicators support the claim that the mosque was previously a Hindu temple. The Hindu side contends the presence of a lotus-shaped pillar, a characteristic feature of Hindu temples, and an image of ‘Sheshnaag,’ one of the Hindu deities who protected Lord Krishna on the night of his birth, at the disputed site.