Shreya Varanasi, Pune
On Tuesday, the Supreme Court stayed Allahabad High Court’s order for the court-monitored survey of the Shahi Idgah mosque near the Krishna Janmabhoomi Temple in Mathura. The bench of judges including Justices Sanjiv Khanna and Dipankar Datta called the purpose of appointing the commissioner “vague.” The Allahabad High Court’s order had directed the appointment of a local commissioner to survey the 17th-century mosque which is claimed to be built on the birthplace of Lord Krishna.
Last month, the Allahabad High Court allowed a plea seeking the appointment of a commissioner to inspect the mosque which was built on the ruins of a temple. This is the second temple-mosque dispute in which the court has allowed a survey. Earlier, the court allowed a survey in the Gyanvapi-Kashi Vishwanath temple dispute in Varanasi.
The top court told Shyam Divan, a senior advocate representing Hindu organizations, that it was necessary for specificities in applications regarding the court commissioner’s appointment. Further, the bench asserted that they shouldn’t leave “everything to the court to look into.”
The Supreme Court also issued notice to the Hindu organizations seeking their response and made it clear that the proceedings before the high court will continue. The case will be taken up on January 23. The apex court also added that the Allahabad High Court is free to continue with the legal proceedings in the case.
The plea challenging the high court’s order for a survey of the mosque was brought to the apex court by the Committee of Management, Trust Shahi Masjid Idgah. The committee asked the court to dismiss the petition on the grounds of the Places of Worship (Special Provisions) Act, 1991. This act prevented the conversion of places of worship and ensured the preservation of their religious character as of August 15, 1947.
Mathura’s Krishna Janmabhoomi Temple and Shahi Idgah Mosque have sparked legal battles for a long time. There is a contention about who owns the 13.77-acre plot. It is alleged that the Shahi Idgah mosque was built by Mughal Emperor Aurangzeb who reportedly demolished a temple that stood there earlier. The Hindu people who filed the petition believe that the mosque in Mathura was built on the place where Lord Krishna was born. They mention that there’s a pillar with a lotus shape, which is common in Hindu temples, at the mosque site.