SC stays Allahabad High Court’s order in Krishna Janmabhoomi case

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Published January 16, 2024 at 2:54pm

Update January 16, 2024 at 2:55pm

    Special leave petition was filed by the mosque committee

    Advocate Tasneem Ahmedi represented the mosque committee

    The application for local commissioner is very vague: Justice Khanna

The Supreme Court passed an interim order that put a stay on the execution of an order passed by the Allahabad High Court with regard to the appointment of a commissioner for inspecting the Shah Idgah Mosque located in Mathura based on the claims that it is the Krishna Janmabhoomi (Birthplace of Lord Krishna). The hearing was on the basis of a special leave petition filed by the mosque committee represented by Advocate Tasneem Ahmedi. Tasneem argued that the hearing for an application seeking the rejection of the suit on the basis of the Places of Worship Act 1991 is yet to be conducted. 

The bench consisting of Justice Sanjeev Khanna and Dipankar Dutta accepted Tasneem’s arguments. They also pointed to flaws in the application. “There are legal issues that arise. That apart, the application for local commissioner is very vague. Can an application be made like this? We are staying the operation of the impugned order to the extent of the commission being executed. We have reservations about the application. Look at the prayer. It’s so vague. Read it. You cannot make an omnibus application like this. You have to be very clear what you want the local commissioner to do,” Justice Khanna stated.

SC stays Allahabad High Court’s order in Krishna Janmabhoomi case

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    Special leave petition was filed by the mosque committee

    Advocate Tasneem Ahmedi represented the mosque committee

    The application for local commissioner is very vague: Justice Khanna

The Supreme Court passed an interim order that put a stay on the execution of an order passed by the Allahabad High Court with regard to the appointment of a commissioner for inspecting the Shah Idgah Mosque located in Mathura based on the claims that it is the Krishna Janmabhoomi (Birthplace of Lord Krishna). The hearing was on the basis of a special leave petition filed by the mosque committee represented by Advocate Tasneem Ahmedi. Tasneem argued that the hearing for an application seeking the rejection of the suit on the basis of the Places of Worship Act 1991 is yet to be conducted. 

The bench consisting of Justice Sanjeev Khanna and Dipankar Dutta accepted Tasneem’s arguments. They also pointed to flaws in the application. “There are legal issues that arise. That apart, the application for local commissioner is very vague. Can an application be made like this? We are staying the operation of the impugned order to the extent of the commission being executed. We have reservations about the application. Look at the prayer. It’s so vague. Read it. You cannot make an omnibus application like this. You have to be very clear what you want the local commissioner to do,” Justice Khanna stated.

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