Mathura Temple-Mosque Dispute: Supreme Court Extends Stay on Survey Order, Sets August Date

Krishna Janmabhoomi Mathura Temple: Supreme Court Extends Stay on Mathura Temple-Mosque Survey Order, Sets August Date for Further Consideration

In New Delhi, the Supreme Court once more extended its stay on the Allahabad High Court’s December 14, 2023 directive for a survey of the Shahi Eidgah mosque near the Krishna Janmabhoomi temple in Mathura. Justices Sanjiv Khanna and Dipankar Datta presided over the bench and scheduled the matter for consideration in August 2024.

Additionally, the court instructed the involved parties to submit pleadings and written arguments. The bench clarified that interim orders would remain in effect, emphasizing that it hadn’t halted the proceedings of the suits before the High Court.

Senior advocate Shyam Divan, representing the Hindu side, mentioned Order 7, Rule 11 of the CPC, noting that an application related to it would be heard by the High Court on Tuesday.

Earlier, on January 16, 2024, the Supreme Court had stayed the High Court’s order while affirming that other proceedings before the High Court would proceed as usual.

The High Court’s order had mandated the appointment of a commission to inspect the Shahi Eidgah mosque. The Supreme Court is already handling the matter concerning the transfer of jurisdiction. The High Court, on May 26, 2023, had decided to hear approximately 18 suits concerning the Krishna Janmasthan-Shahi Eidgah land dispute by transferring them from various civil courts in Mathura.

On December 14, 2023, the Allahabad High Court allowed a primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi Temple in Mathura. This decision was made in response to a petition filed on behalf of the deity (Bhagwan Shree Krishna Virajman) through Hari Shankar Jain and others. The petitioners argued that the mosque was constructed by Mughal emperor Aurangzeb after demolishing a portion of Lord Krishna’s birthplace.

The petitioners claim ownership of the entire 13.37 acres of land where the structures stand. They also challenge the 1968 agreement between the Shahi Idgah Mosque Committee and the Shri Krishna Janmabhoomi Trust, which permitted the mosque’s use of the land it occupies.