The Supreme Court on Wednesday extended the interim stay on the Allahabad High Court’s order permitting the inspection of the Shahi Eidgah Mosque by a Court Commissioner. A bench headed by Chief Justice of India (CJI) Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, was considering appeals filed by the Mosque Committee. These appeals challenge the High Court’s December 2023 order, which allowed the appointment of a court commissioner to inspect the mosque.
The CJI stated that the matter would be listed in the week commencing April 1, 2025, and the interim stay would continue until then.
The Supreme Court is also handling a challenge to the Allahabad High Court’s dismissal of a plea from the Shahi Idgah Mosque. This plea, filed under Order 7 Rule 11 CPC, contested the maintainability of 18 suits filed by Hindu worshippers and the deity seeking the removal of the mosque. The mosque committee argued that these suits were barred by the Places of Worship Act.
The dispute revolves around the Shahi Eidgah mosque in Mathura, alleged to have been built on the site of a temple at the birthplace of Lord Krishna. In 1968, a ‘compromise agreement’ was made allowing both the mosque and the temple to operate on the same site. However, this agreement is now being challenged in court.
Background And Legal History
In May 2023, the Allahabad High Court transferred all pending suits related to the Mathura dispute to itself. The High Court justified this transfer, citing the public importance of the case. The mosque committee, along with the Uttar Pradesh Sunni Central Waqf Board, later challenged this transfer in the Supreme Court.
In December 2023, the High Court also allowed the appointment of a court commissioner to inspect the Shahi Idgah mosque. The deity and other petitioners had filed the application seeking this inspection. The Supreme Court stayed this order in January 2024, and the stay has now been extended until April 2025.
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