Supreme Court Halts HC's Commissioner Appointment in Krishna Janmabhoomi Dispute, Citing 'Vague' Application Concerns"

In a significant development, the Supreme Court has put a pause on the Allahabad High Court's decision to appoint a commissioner to inspect the Shahi Eidgah Mosque in the Krishna Janmabhoomi dispute. This interim order was passed today by a bench comprising Justices Sanjiv Khanna and Dipankar Datta.

The apex court's intervention came while responding to a special leave petition filed by the mosque committee, challenging the Allahabad High Court's December 14 order. The High Court had previously allowed an application for the appointment of a court commissioner to inspect the mosque, a move that has now been stayed by the Supreme Court.

During the proceedings, Advocate Tasneem Ahmadi, representing the Mosque Committee, argued against the High Court's decision, citing the pending application seeking rejection of the suit under the Places of Worship Act 1991. Emphasizing the significance of this legal point, Justice Khanna of the Supreme Court observed, "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."

Senior Advocate Shyam Divan, representing the plaintiffs, opposed the stay. However, the court remained firm on its stance regarding the vague nature of the application. "You have to be very clear what you want the local commissioner to do," Justice Khanna added, highlighting the need for clarity in legal applications.

This stay order has temporarily halted the proceedings at the Allahabad High Court, with the Supreme Court noting that the legal issues, including those raised in the judgment of Asma Lateef, need consideration. The matter is set for a return hearing on January 23, 2024.

The controversy at the heart of this legal battle revolves around the Shahi Eidgah Mosque in Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.

Committee of Management, Trust Shahi Masjid Idgah v. Bhagwan Shri Krishna Virajman & Ors.