Supreme Court: In a special leave petition filed by the mosque committee against the Allahabad High Court order, wherein the Court allowed an application for the appointment of a Court Commissioner to inspect the Shahi Eidgah mosque at Mathura in the Krishna Janmabhoomi case, the division bench of Sanjiv Khanna and Dipankar Datta, JJ. has stayed the implementation of the Allahabad High Court order appointing an Advocate Commissioner to inspect the mosque.
It was alleged that Sri Krishna’s birthplace lies beneath the Shahi Eidgah Mosque and that there are many signs which establish that the Mosque is a Hindu temple hence, a commissioner should be appointed.
The Mosque Committee has sought rejection of the plaint on the ground that the suit is barred by the Places of Worship (Special Provisions) Act 1991, thus it has argued that the High Court should have considered its plea for rejection of the plaint before deciding on any other miscellaneous applications in the suit.
The Court remarked that the prayer is so vague, and one cannot make an omnibus application like this. One needs to be very clear what they want the local commissioner to do.
Thus, the Bench stayed the operation of the impugned order, and issued notice on the petition, returnable on 23-01-2024. Further, it said that proceedings before the High Court can continue but the commission will not be executed in the meantime.
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Source: Press
