Introduction:

The Supreme Court has stayed the implementation of the Allahabad High Court’s order appointing a Commissioner to inspect the Shahi Eidgah mosque in Mathura, pertaining to the Krishna Janmabhoomi case. The interim order was issued while accepting a special leave petition filed by the mosque committee, challenging the High Court’s decision. The dispute involves allegations of the mosque being built over a temple at Lord Krishna’s birthplace.

Arguments of Both Sides:

Advocate Tasneem Ahmadi, representing the Mosque Committee, argued against the High Court’s order, stating that it was premature as an application seeking rejection of the suit was pending. Reference was made to the Asma Latheef v. Shabbir Ahmad judgment, emphasizing the need for the trial court to decide on jurisdiction before granting interim relief. Senior Advocate Shyam Divan, representing the plaintiffs, objected to the stay, urging the High Court to determine the commission survey’s modalities.

Court’s Judgement:

The Supreme Court, while acknowledging the prima facie legal contention, expressed reservations about the vague commission application. It issued notice on the petition, directing the Gujarat High Court to decide on interim relief within four weeks. The stay prevents the execution of the commission during this period. The Allahabad High Court’s order allowed the commission application under Order XXVI Rule 9, highlighting the dispute over Lord Krishna’s birthplace and the Shahi Eidgah Mosque.