The Supreme Court on Wednesday extended its stay on the Allahabad High Court order that permitted a court-monitored survey of the Shahi Idgah mosque in Mathura.
A bench of Chief Justice Sanjiv Khanna, Justice Sanjay Kumar and Justice K.V. Viswanathan passed the order extending the interim stay and posted the matter for further hearing to April 1.
“List the matter in the week commencing April 1, 2025... interim orders to continue,” the bench said.
The mosque complex, which is at the centre of a title dispute, is located adjacent to the Krishna Janmabhoomi temple. The Hindu side claims the mosque premises bear signs suggesting that a temple once existed at the site.
Besides challenging the high court order on December 14, 2023, on the appointment of a court commissioner for the survey of the Shahi Idgah, the mosque committee had questioned the maintainability of the suits filed by the Hindu claimants on the ground that the 1991 Places of Worship Act mandated the preservation of the religious character of a place of worship as it existed on August 15, 1947.
While staying the high court order regarding the appointment of a court commissioner, the apex court had on January 16 last year said the high court was free to continue hearing other related issues in the batch of suits filed by various Hindu groups relating to title dispute.
Justice Khanna, while staying the order, had said the apex court had “reservations” about the application filed by one of the Hindu claimants based on which the high court had passed the impugned order. "Issue notice returnable on January 23, 2024. Some legal issues arise for consideration… proceedings before the high court can continue but the commission will not be executed in the meantime,” the bench had said.
On September 22, 2023, the apex court had refused to direct a scientific audit of the disputed Shri Krishna Janmabhoomi-Shahi Idgah Masjid land to determine the ownership claims of the two communities, saying it was for the high court to determine the matter.
The top court had passed the earlier directions while refusing to entertain the special leave petition filed by the Krishna Janmabhoomi Mukti Nirman Trust against a July 2023 order passed by the high court refusing to entertain its plea for directing a scientific audit of the premises spanning nearly 14 acres to decide the ownership claim.