SC stays Allahabad High Court order for appointing Commission for Shahi Eidgah Mosque in Mathura
New Delhi: The Supreme Court on Tuesday stayed the Allhabadad High Court order for appointment of a Commission for the Shahi Eidgah Mosque in connection with Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
A bench of justices Sanjiv Khanna and Dipankar Datta also issued notice to concerned respondents on a plea filed by the Committee of Management Trust Shahi Masjid Idgah challenging the Allahabad High Court order for the appointment of a Commission for the Shahi Eidgah Mosque.
The court listed the matter for January 23 for further hearing.
The court said that proceedings before the trial court can be continued but the commission cannot be executed till the next date of hearings.
The court observed that HC has acted on a vague application seeking omnibus directions.
The court noted that the application has to be specific.
"This is wrong, you have to be very clear about what you want... It is an omnibus application," the court said.
The Committee of Management Trust Shahi Masjid Idgah has filed an appeal in the Supreme Court challenging the Allahabad High Court order for the appointment of a Commission for the Shahi Eidgah Mosque.
Advocate Reena N. Singh, representing Bhagwan Sri Krishna Lalla Virajman told ANI "Today, the court heard about the survey order of the Allahabad High Court case which was being challenged by the Muslim side. The Intezamia Committee had challenged the order and today the Supreme Court stayed the survey order only. But they have not stayed the trial. The trial at Allahabad High Court will continue. The next date of hearing is on 23rd January."
The Special Leave Petition (SLP) by the mosque committee challenged the order dated December 14 passed by the High Court of Judicature at Allahabad allowing an Application for the appointment of a Commission for the Shahi Eidgah Mosque where prayers are being regularly offered by the Muslim community from time immemorial.
"The High Court has allowed the Application for appointment of a Commission without considering the objections of the Petitioner herein and without considering the fact that the very existence of the Suit has been questioned by the Petitioner herein, whose Application under Order VII Rule 11 of the CPC for rejection of the Plaint has been kept pending without any decision," the petition copy said.
Committee of Management Trust Shahi Masjid Idgah was represented by advocates Tasneem Ahmadi, Mehmood Pracha and RHA Sikander.
The Supreme Court is also dealing with various matters relating to Mathura's Krishna Janambhoomi land dispute.
Earlier Committee of Management Trust Shahi Masjid Idgah filed an appeal in the top court challenging the Allahabad High Court order which transfers to itself all the petitions relating to Mathura's Krishna Janambhoomi land dispute from District Court Mathura, Uttar Pradesh.
Masjid Idgah challenged the order dated May 26 passed by the Allahabad High Court whereby it transferred all such cases relating to the Krishna Janambhoomi dispute from the District Court Mathura, Uttar Pradesh, to itself.
Ranjana Agnihotri, a resident of Lucknow, had filed a suit in Mathura court demanding the ownership of 13.37 acres of land of Shri Krishna Janmabhoomi.
In her legal suit, Agnihotri demanded the removal of the Shahi Idgah mosque built in Krishna Janmabhoomi.
The suit filed in the Mathura court sought the removal of a mosque said to have been built in 1669-70 on the orders of the Mughal Emperor Aurangzeb in the 13.37-acre premises of Katra Keshav Dev temple, near the birthplace of Lord Krishna.