Supreme Court Prolongs Stay in Krishna Janmabhoomi Idgah Complex Survey Case

The Supreme Court extends the stay on the survey of the Idgah complex near Krishna Janmabhoomi, emphasizing April hearings. Legal concerns and a challenge to maintainability are raised, invoking the Places of Worship Act. The dispute involves a claim on land in Mathura, adding complexity to an already intricate legal battle.

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In a momentous legal step, the Supreme Court issued a judgment on Monday prolonging the stay on the Allahabad High Court's decision to conduct a court-monitored study of the Shahi Idgah Mosque complex next to Mathura's Krishna Janmabhoomi shrine. The bench, consisting of Justices Sanjiv Khanna and Dipankar Datta, instructed the Committee of Management Trust Shahi Masjid Idgah's request for a further hearing in the first half of April. The court highlighted that the prior interim orders would remain in effect until then, and urged all parties concerned to complete their pleadings by the deadline.

The Supreme Court indicated that all petitions pertaining to the case will be heard jointly during the April sessions. This stay, which was first applied on January 16, suspended the implementation of the Allahabad High Court's December 14, 2023 judgment, which allowed for a court-monitored inspection of the Shahi Idgah Mosque complex.

While approving the continuation of proceedings on the suit's maintainability under Order 7 Rule 11 of the Civil Procedure Code, the Supreme Court expressed legal concern over the ambiguous application for the appointment of a court commissioner.

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The Committee of Management Trust Shahi Masjid Idgah said in its petition that the high court should have addressed its challenge to the suit's maintainability before ruling on related applications. The appeal also referred to the locations of Worship (Special Provisions) statute of 1991, arguing that the litigation is forbidden by this statute, which forbids changing the nature of religious locations after August 15, 1947, with the exception of the Ram temple in Ayodhya.

This continuing conflict is centered on a litigation filed in Mathura, in which the Hindu side alleges that the Shahi Idgah mosque is located on 13.37 acres of land owned by the Shri Krishna Janmabhoomi Trust. The Supreme Court is already hearing another appeal from the mosque committee, which challenges the high court's ruling transferring all dispute-related cases to itself.