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Supreme Court denies stay on ASI survey order at Krishna Janmabhoomi site in Mathura by Allahabad HC

During the hearing, the bench of Justices Sanjiv Khanna and SVN Bhatti dismissed the plea by the masjid committee, while examining a special leave petition contesting a previous High Court directive that consolidated various lawsuits concerning the land dispute.

Supreme Court denies stay on ASI survey order at Krishna Janmabhoomi site in Mathura by Allahabad HC AJR
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First Published Dec 15, 2023, 3:37 PM IST

The Supreme Court on Friday (December 15) has declined to halt an Allahabad High Court ruling permitting the primary survey of the Shahi Idgah mosque complex near Uttar Pradesh's Mathura, adjacent to the Shri Krishna Janmabhoomi Temple.

A three-member court-monitored team was authorized by the Allahabad High Court on December 15 to conduct the primary survey of the Idgah complex. Vishnu Shankar Jain, the lawyer representing the Hindu side, affirmed that the Supreme Court declined to pause the proceedings, scheduling the challenge against the transfer order for January 9.

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During the hearing, the bench of Justices Sanjiv Khanna and SVN Bhatti dismissed the plea by the masjid committee, while examining a special leave petition contesting a previous High Court directive that consolidated various lawsuits concerning the land dispute.

Senior Advocate Huzefa Ahmadi, representing the masjid committee, contended that certain interim orders from the High Court could significantly impact the case's outcome.

The Supreme Court, however, noted that the High Court order hadn't been officially contested before them. Justice Khanna indicated that the case could be heard post the vacation, setting the next hearing for January 9, and suggested that if the High Court issues any orders meanwhile, the mosque committee could approach the Supreme Court.

"I can't stay the matter without the order copy being before me," Justice Khanna remarked.

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Several petitions concerning the Idgah complex remain pending before the Allahabad High Court, with the Hindu side asserting that the mosque was erected by demolishing a temple on 13.37 acres of Lord Krishna's birthplace, purportedly by Mughal Emperor Aurangzeb.

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