The Supreme Court has declined to stay the Allahabad High Court's order for a court-monitored survey of the Shahi Idgah mosque in Mathura to ascertain whether a temple was existed at the location of the mosque. The Hindu group had filed a writ petition in the high court seeking the survey of the mosque which was opposed by the Muslim group.
As the management committee of the Shahi Masjid Idgah Trust said the HC should be restrained from proceeding in the case as the matter was pending in the apex court, a bench of Justices Sanjiv Khanna and SVN Bhatti said the committee should bring this to the notice of the HC.
Advocate Huzefa Ahmadi sought to impress upon the bench to pass an interim order as the apex court is going into winter recess and any order passed by Allahabad HC could not be challenged in the SC. However, the bench refused to pass any order. The apex court, in the previous hearing, had also refused to stay the HC proceedings. The Supreme Court had previously stated that it would be preferable for Allahabad High Court to decide on the preliminary objection to the suit's maintainability in the Sri Krishna Janmabhoomi Shahi Idgah mosque dispute in Mathura. It had stated that, as history has shown, dragging out legal proceedings in these kinds of instances could cause unrest in either direction.
The committee, in its appeal, said the HC passed the order transferring all suits to itself on the ground of delay but the petition was filed only three years ago and there was no delay.