The Supreme Court on Friday declined to stay the December 14 order of the Allahabad High Court, permitting a court-monitored team of advocate commissioners to conduct a primary survey of the Shahi Idgah complex next to the Shri Krishna Janmabhoomi Temple in Mathura, Uttar Pradesh. In the Krishna Janmabhoomi-Shahi Eidgah Mosque case, a bench of Justices Sanjiv Khanna and SVN Bhatti noted that the High Court’s ruling had not been formally contested. Huzefa Ahmadi, senior counsel for the Mosque Committee, informed the bench that certain interlocutory orders issued by the High Court have an effect on the result.
He said yesterday the High Court allowed a survey of the premises.
Justice Khanna expressed disinciination to interfere with the order which has not been challenged before it saying, “How can I stay the order without it being before me?”
The bench said the mosque committee can approach the Supreme Court if it has any grievances.
“The special leave petition is listed 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,” the bench added.
The top court was hearing a special leave petition challenging a May 2023 order of the High Court transferring to itself a clutch of suits over the land dispute.
On Thursday, the High Court, while allowing a survey of the mosque, fixed December 18 as the next date of hearing for finalising the modalities.