The Supreme Court on Friday has extended its stay on the Allahabad High Court’s order to appoint a commission to inspect the Shahi Idgah Mosque in Mathura. This stay will remain in effect until November.
The extension comes as a result of pleas from the Shahi Idgah Mosque Management Committee and the Uttar Pradesh Sunni Central Waqf Board, who are challenging the High Court’s decision. The Allahabad High Court had previously ordered the inspection and also transferred all related matters to itself from the Mathura court.
Advocate Vishnu Shankar Jain, representing the Hindu side, argued that the High Court’s recent dismissal of the Muslim side’s plea under Order VII Rule 11 of the Civil Procedure Code (CPC) had rendered the issue moot. Despite this, the Supreme Court bench, consisting of Justice Sanjiv Khanna and Justice Sanjay Kumar, decided to review the High Court’s ruling on the CPC application and adjourned the case until November.
The High Court had permitted a survey of the Shahi Idgah premises on December 14, following an application from the deity Bhagwan Sri Krishna Virajman and others. However, the Supreme Court stayed this order on January 16, questioning the specifics of the Hindu side’s application for a court commissioner. The Supreme Court emphasized that any application for such appointments must be precise about its purpose.
While the Supreme Court’s stay continues, the High Court will proceed with proceedings related to the dispute, including the consideration of the Hindu side’s suits. The High Court had already upheld the maintainability of these suits on August 1.
