The mosque committee has moved the Supreme Court challenging a recent Allahabad High Court order that allowed a court-monitored survey of the Shahi Idgah adjoining the Krishna Janmabhoomi temple in Mathura.
The high court, on December 14 last year, had agreed to the appointment of a court commissioner to oversee the survey of the mosque premises which, the Hindu side claims, hold signs suggesting that it was a Hindu temple once.
The Committee of Management, Trust Shahi Masjid Idgah has filed the appeal to formally challenge the high court’s order.
The plea has been filed after the top court, on December 15 last year, had refused to stay the Allahabad High Court’s decision allowing the court-monitored survey of the Shahi Idgah on an oral plea by the Muslim side and had asked them to challenge the order by way of an appeal.
The mosque committee, in its plea, has submitted that the high court ought to have considered its petition for rejection of the plaint before deciding on any other miscellaneous applications in the suit.
The committee had sought rejection of the plea on the ground that the lawsuit is barred by the Places of Worship (Special Provisions) Act, 1991, which puts a bar on change of character of religious places.
While allowing the plea for a court-monitored survey, the high court had said no harm should be caused to the Mathura structure during the survey, which it indicated could be overseen by a three-member commission of advocates.
The top court is already seized of another petition filed by the mosque committee challenging the May 26, 2023 order of the high court transferring to itself all matters related to the dispute pending before a Mathura court.
In Mathura, a suit was filed in the court of Civil Judge Senior Division (III) for shifting of the Shahi Masjid Idgah with the claim that it was constructed on a part of the 13.37-acre land of the Sri Krishna Janmabhoomi Trust.
The Hindu side had told the high court that the original trial must be conducted by it like the Babri Masjid-Ram Janmabhoomi title dispute.