A file picture of the Shahi Idgah mosque 
Delhi

SC refuses to stay Allahabad HC order on Shahi Idgah mosque complex

On Thursday, the Allahabad HC while allowing the survey of the mosque, fixed December 18 as the next date of hearing for finalising the modalities.

Suchitra Kalyan Mohanty

NEW DELHI: The Supreme Court on Friday refused to stay the Allahabad High Court’s December 14 order allowing the primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi temple in Mathura by a court-monitored three-member team.

On Thursday, the Allahabad HC while allowing the survey of the mosque, fixed December 18 as the next date of hearing for finalising the modalities. On Friday, an apex court bench headed by Justice Sanjiv Khanna and also comprising Justice SVN Bhatti refused to stay the HC order.

The Masjid side had on Thursday knocked on the doors of the SC seeking a direction for a stay on the HC order. While observing that the HC order has not been formally challenged before it, Justice Khanna said, “How can I stay the order without the documents being filed before me?” 

Senior advocate Huzefa Ahmadi, for the Mosque Committee, told the bench that the HC’s order might have an impact on the outcome. “It should be stayed by this court,” he said. The SC said the special leave petition is listed for January 9. 

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