Supreme Court of India stays the implementation of the Allahabad High Court order appointing an Advocate Commissioner to inspect the Shahi Eidgah mosque in the Krishna Janmabhoomi case.
A bench comprising of Justice Sanjiv Khanna and Justice Dipankar Datta have issued an interim order while issuing notice on a special leave petition filed by the mosque committee against the order by Allahabad Court of December 14.
The Allahabad High Court by which it had allowed an application for the appointment of a court commissioner to inspect the mosque.
The Mosque Committee Advocate Tasneem Ahmadi, said that the order should have not been passed by the High Court when an application seeking rejection of the suit as barred by the Places of Worship Act 1991 (under Order VII Rule 11 CPC) is pending.
The counsel also referred to recent judgment in Asma Latheef v. Shabbir Ahmad which held that when the maintainability of a suit is questioned, the trial court must decide at least prima facie on the jurisdiction before granting interim relief..
Justice Khanna told the counsel of plaintiff (Senior Advocate Shyam Divan that such omnibus application like this cannot be placed and it should be clear what is expected of local commissioner to do.
Justice Khanna said that the application for local commissioner is very vague.
The bench issued notice on the petition, returnable on January 23, 2024.
The bench in its order noted that there exist some legal issues arise for consideration, including the question in light of a judgment of this court in Asma Lateef.
The court also said that proceedings before the High Court can continue but the commission will not be executed in the meantime”,