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SC Refuses to stay HC Order on Mathura Shahi Eidgah Survey

– Shakilur Rahman

New Delhi, Dec. 16: The Supreme Court on Friday refused to stay the order passed by the Allahabad High Court in the Shri Krishna Janmabhoomi – Shahi Eidgah Masjid dispute case in Mathura. In its order on Thursday, the High Court had accepted the petition seeking appointment of a court commissioner to survey the mosque premises. A hearing will be held in the High Court on December 18 regarding how the survey will be conducted.

The SC bench of Justices Sanjiv Khanna and SV N Bhatti ignored the oral demand made by the mosque committee to stay the High Court order. The bench said that since the High Court order has not been formally challenged, we cannot interfere in it.

The petition filed by the mosque committee before the bench challenges the Allahabad High Court’s May 2023 order transferring several cases on land disputes to it. During the hearing of the case, senior advocate Huzaifa Ahmadi, appearing for the mosque committee, told the bench that the High Court is considering interim applications with far-reaching implications. This is a matter of concern, while the mosque committee’s petition challenging the jurisdiction of the High Court is pending before the apex court. On this, the bench refused to interfere in the order of the High Court and said, ‘How can I stay the order which is not before me?’

Ahmadi requested the bench to interfere in the High Court order, saying that ‘the apex court had earlier said that there is a need for hearing in the case.’

In the petition filed on behalf of Shri Krishna Virajman through Harishankar Jain, it was said that the mosque was built by Aurangzeb by demolishing a part of Lord Krishna’s birthplace. The petitioners have claimed ownership of the 13.37 acre of land on which the mosque is situated.

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