Law

Krishna Janmabhoomi-Shahi Idgah Dispute: SC Extends Stay on Allahabad HC Order till November

On August 1, the Allahabad high court had ruled that the “religious character” of the Shahi Idgah complex must be determined.

Krishna Janmabhoomi-Shahi Idgah Dispute: SC Extends Stay on Allahabad HC Order till November

Krishna Janmabhoomi temple and Shahi Idgah Masjid. Image: X/@SADigestOnline

The Supreme Court on Friday (August 9) extended the stay on the Allahabad high court's order that had permitted a court-appointed commissioner to inspect the Shahi Idgah complex in Mathura as part of the Krishna Janmabhoomi-Shahi Idgah Masjid dispute, till the first week of November.

The bench of Justices Sanjiv Khanna and Sanjay Kumar extended its January 16, 2024, order, which had previously stayed the high court's December 14, 2023, order.

The bench was hearing three special leave petitions, two of which were filed by the Shahi Idgah Mosque Committee and the Uttar Pradesh Sunni Central Waqf Board, Live Law reported

The apex court ruling follows the Allahabad high court's August 1 decision to reject a plea challenging the maintainability of 18 cases related to the Mathura temple-mosque dispute. The court ruled that the “religious character” of the Shahi Idgah complex must be determined.

The high court also had dismissed the Muslim side's argument that the suits filed by Hindu litigants concerning the Krishna Janmabhoomi temple and the adjacent mosque violated the Places of Worship (Special Provisions) Act, 1991 and were therefore not maintainable.

The Hindu litigants in the case are seeking the “removal” of the Aurangzeb-era Mosque, which they allege was constructed after demolishing an existing temple. Shahi Masjid committee secretary Tanvir Ahmad stated that they are reviewing the High Court's order and plan to challenge it before the Supreme Court.

The 1991 Act prohibits altering the religious character of any shrine from what it was on Independence Day, with the sole exception being the Ram Janmabhoomi-Babri Masjid dispute.

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