NEW DELHI: The Supreme Court on Tuesday stayed the Allahabad High Court order allowing a court-monitored survey of the Shahi Idgah mosque adjoining the Krishna Janmabhoomi temple in Mathura.
A bench of Justices Sanjiv Khanna and Dipankar Datta stayed the implementation of the December 14, 2023 order which had agreed to the appointment of a court commissioner to oversee the survey of the mosque premises.
The bench, however, made it clear proceedings before the High Court in the dispute including the maintainability of the suit under Order 7 Rule 11 of the Civil Procedure Code (CPC) will continue. The bench said there are certain legal issues which have arisen and questioned the “vague” application made before the High Court for appointment of a court commissioner for the survey.
“We have reservations about the application. Look at the prayer. It’s so vague. Read it. You can’t file a vague application for appointment of court commissioner. You cannot make an omnibus application like this. You have to be very clear what you want the local commissioner to do in application under Order 26 Rule 9 of CPC,” Justice Khanna told senior advocate Shyam Divan, appearing for Hindu bodies including Bhagwan Shri Krishna Virajman and others.
The bench said that everything cannot be left to the court to look into and the application for appointment of court commissioners should be very specific on the purpose.
At the outset, advocate Tasneem Ahmadi, appearing for the mosque management committee, submitted that the High Court could not have passed the order when an application seeking rejection of the suit on being barred by the Places of Worship Act 1991 was pending.
Ahmadi said that the second question relating to the maintainability of the suit under Order 7 Rule 11 of CPC is also pending before the High Court.
The bench said it is issuing notice to the Hindu bodies returnable by January 23. The Hindu side claims that the Shahi Idgah has signs suggesting that it was a temple in the past.
