Supreme Court refuses to stay Allahabad High Court order for Mathura mosque survey

Satya Prakash

New Delhi, December 15

The Supreme Court on Friday refused to stay the Allahabad High Court’s order to appoint an advocate commissioner for a court-monitored survey of the Shahi Idgah premises adjoining the Krishna Janmabhoomi temple in Mathura, Uttar Pradesh.

Noting that the HC’s order has not been formally challenged, a Bench led by Justice Sanjiv Khanna tells senior counsel Huzefa Ahmadi, representing the Muslim side, that the petitioners were free to move the top court if any adverse orders were passed.

“How can I stay the order without it being before me?” Justice Khanna asked Ahmadi, who represented the Committee of Management Trust, Shahi Masjid Idgah, Mathura.

“The special leave petition is listed on January 9. Let it come up on the said date. All issues and contentions will be considered. In case the petitioner has any grievance, it will be open to the petitioner to file a challenge in accordance with law,” the top court said in its order.

Justice Khanna’s observation came after Ahmadi told the Bench that the high court was further scheduled to take up the matter on December 18 to hear the parties with regard to modalities and composition of advocate commissioner.

As Ahmadi insisted that the top court must intervene at this stage, Justice Khanna said, “Please tell the high court that this matter is listed on January 9.” The high court had on December 14 agreed to the appointment of an advocate commissioner to oversee the survey of the mosque, which the petitioners claim holds signs suggesting that it was a Hindu temple once.

“If the application for appointment of commission is allowed by this court, the rights of the defendants would not be prejudiced in any way,” Justice Mayank Kumar Jain of the Allahabad HC said in his order.

“This court feels it proper to hear the learned counsel for the parties for such purposes,” Justice Jain said, posting the matter for further hearing at 2 pm on December 18.

To take up Moitra’s LS expulsion plea on Jan 3

The Supreme Court on Friday said it would take up on January 3 expelled TMC MP Mahua Moitra’s petition challenging her expulsion from the Lok Sabha following her indictment on allegations of cash-for-query. A Bench led by Justice Sanjiv Khanna told senior advocate AM Singhvi, who represented Moitra, that it would like to hear the matter upon reopening of the court after winter break.

UP woman judge alleges sexual harassment

Chief Justice of India DY Chandrachud has sought a report from the Allahabad High Court after a woman judge posted in Banda district of Uttar Pradesh sought his permission to end her life in a “dignified way” after allegedly being sexually harassed by a district judge. The woman judicial officer wrote a two-page letter that went viral on social media.