Supreme Court intervention: Temporal pause on Mathura’s Shahi Idgah survey amidst ongoing legal tussle
The Supreme Court on Tuesday stayed the Allahabad High Court order for the appointment of a Court Commissioner to inspect the premises of the Shahi-Idgah mosque in connection with the Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The bench of Justices Sanjiv Khanna and Dipankar Datta ordered that the proceedings before the High Court can continue but the Commission cannot be executed till the next date of hearing on the matter.
“The prayer (for Court Commissioner), it is so vague! It has to be specific. This is wrong, you have to be very clear about what you want him for, and you leave it to the court. It is an omnibus application,” said Justice Khanna. The Bench also added that the issue of transfer of the case was also coming up and certain legal questions also arise for consideration in the case. Earlier also the Bench observed that the application filed before the High Court for the appointment of the local commissioner was very vague and omnibus.
The Bench directed to tag the matter with a transfer case also, listing the next hearing for January 23. Proceedings before the High Court can continue but commission cannot be executed till the next date,” it ordered
On December 14 last year, the Allahabad High Court allowed the application filed on behalf of a Hindu deity, Bhagwan Shri Krishna Virajman, and seven other Hindu parties. The application was filed as part of an original suit pending before the High Court, in which the plaintiffs (Hindu side) claimed that the Mathura Shahi Idgah Masjid was built over Krishna Janmabhoomi land. The suit has been filed in the matter on behalf of a Hindu deity Bhagwan Shri Krishna Virajman and certain Hindu devotees. The plaintiffs have sought the removal of the mosque on allegations that it was built over Krishna Janmabhoomi land.
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I think if you dig up any mosque in the country, I am quite sure we’ll find a temple or some other Hindu structure which predates the mosque. I personally think all mosques which were built prior to 1947 or built by the Muslim INvaders need to be surveyed and when a temple is found underneath it, it needs to excaved and restored to it original state.