Krishna Janmabhoomi- Shahi Idgah dispute: SC stays Allahabad HC order appointing an Advocate Commissioner to inspect the Shahi Idagh mosque

In a recent development in the Krishna Janmabhoomi- Shahi Idgah dispute, the Supreme Court (SC) today (January 16, 2024) stayed the order of the Allahabad High Court appointing an Advocate Commissioner to inspect the Shahi Idagh mosque at Mathura. While issuing notice on SLP (Special Leave Petition) against the December 14 order of the Allahabad HC filed by the mosque committee, the SC bench issued notice returnable on January 23, 2024. It noted, “Some legal issues arise for consideration, including the question in light of a judgment of this court in Asma Lateef. Proceedings before the High Court can continue but the commission will not be executed in the meantime.” The matter was heard by a two-judge bench consisting of Justice Dipankar Datta and Justice Sanjiv Khanna. 

During the court proceedings, Advocate Tasneem Ahmadi who appeared for the Mosque Committee argued that HC cannot pass the order when an application seeking rejection of the suit is pending. Further, Justice Khanna told Senior Advocate Shyam Divan who appeared for plaintiffs, “We have reservations about the application. Look at the prayer. It’s so vague. Read it. You cannot make an omnibus application like this. You have to be very clear what you want the local commissioner to do.” He added, “There are legal issues that arise. That apart, the application for local commissioner is very vague. Can an application be made like this?...We are staying the operation of the impugned order to the extent of the commission being executed…”