Supreme Court extends stay on survey in Mathura mosque case
The Supreme Court on Monday extended the suspension of the survey concerning the Shahi Eidgah mosque, located near the Krishna Janmabhoomi temple in Mathura. A bench of justices Sanjiv Khanna and Dipankar Datta, prolonged an earlier decision and scheduled the next hearing in the first fortnight of August. The court has not yet formally issued a notice in this plea, a necessary step before a case can advance to a comprehensive hearing.
Why does this story matter?
Several cases related to this land dispute aim to regain control of the 13.37-acre land where the mosque is located and transfer it back to Shri Krishna Janmabhoomi Trust. These cases challenge a compromise reached in 1968 between the mosque committee and Shri Krishna Janmasthan Seva Sangh, which allowed the mosque to remain at its current location. The mosque has questioned the validity of these suits due to their extended delay in its appeal to the SC.
Upcoming session to examine land conflict appeals
In the forthcoming session, SC will scrutinize several appeals challenging the Allahabad High Court's decision to assume around 18 cases related to the land dispute between Krishna Janmasthan and Shahi Eidgah from various Mathura civil courts. Previously, a hold was placed HC order from December 14 that appointed an advocate-commissioner to oversee the mosque survey. The bench noted that the Hindu side's request for a survey was "very vague" and raised significant legal questions requiring examination by the top court.
Mosque committee prefers hearings in Delhi
The mosque committee has argued that it lacks sufficient funds to defend the suits in Allahabad, which is 600km away from Mathura. Instead, they would prefer to have the hearings in Delhi, a more manageable distance of only 150km. This issue has been on the Supreme Court's docket since July 2023, following an order by the Allahabad High Court that transferred all suits filed by Hindu parties claiming rights over the mosque land to itself.
Mosque cites 1991 Act to challenge suits
The mosque has argued that the suits are obstructed by the Places of Worship (Special Provisions) Act, 1991. This act safeguards the "character" of all places of worship as they stood on August 15, 1947, and prohibits any legal actions aiming to alter this character. The Supreme Court noted last July that it would be beneficial for all parties if this issue was settled "at the earliest", as such "sensitive" cases cause "disquiet."
