The Supreme Court has given a major decision regarding the Shri Krishna Janmabhoomi-Shahi Idgah Mosque dispute of Mathura. The court has stayed the order of Allahabad High Court to appoint a commissioner (Court Commissioner) to inspect the mosque. However, the court has said that the court should continue hearing the case. A bench of Justice Sanjeev Khanna and Justice Dipankar Dutta, while hearing a Special Leave Petition filed by the Shahi Idgah Mosque Committee, stayed the December 14 order of the Allahabad High Court.
Supreme Court gave interim order on this argument of the Mosque Committee's lawyer
It is noteworthy that in its order, Allahabad High Court had ordered to appoint an Advocate Commissioner (Court Commissioner). This Advocate Commissioner had to survey the mosque premises. Advocate Tasneem Ahmadi appeared in the Supreme Court on behalf of the Mosque Committee. The lawyer argued that the High Court cannot order a survey when the petition to dismiss the Mathura case under the Places of Worship Act, 1991 is still pending. On this, the Supreme Court bench accepted the argument and gave an interim order to stay the High Court order.
It is noteworthy that the Places of Worship Act 1991 talks about maintaining the status quo of all religious places in the country after August 15, 1947. Temples, mosques, churches, and all other places of worship, according to the tradition of history, will remain the same as they were at the time of the country's independence, they cannot be changed by any court or government. This law was made by the government of PV Narasimha. At that time the Ram Mandir movement was at its peak and there was a communal atmosphere in the country regarding it. On this, the government made this law against changes in places of worship. Under the provisions of this law, the Mosque Committee had appealed to dismiss the Mathura Shri Krishna Janmabhoomi-Shahi Idgah Mosque dispute case, the hearing on which is pending.
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