The Supreme Court on Friday refused to stay the proceedings before the Allahabad high court on suits related to the Sri Krishna Janambhoomi-Shahi Idgah dispute, saying it will not be fair to interfere with the high court order without hearing both the sides.
During the hearing on Tuesday, the bench said it has not received the information from the high court yet.
The objections against the suit were raised by the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board.
The apex court rejected an appeal challenging a July 10 decision of the Allahabad high court which had also dismissed the plea finding no error or illegality in the order of a Mathura civil judge who had decided to first hear the issue of maintainability of the suit as raised by management committee of the mosque.
A magnificent Krishna Janambhoomi temple in Mathura was a recurrent theme for the ruling BJP in the run-up to the assembly polls, reports Nitin Kumar.
The Akhil Bharatiya Tirath Purohit Mahasabha and the Mathur Chaturved Parishad pleaded to be made respondents in the case. They said the suit for the removal of the mosque should not be allowed as it is detrimental to communal harmony in the country, according to their counsels.
The Supreme Court on Friday agreed to hear on September 9 a plea challenging certain provisions of the 1991 law which prohibit filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.
Mathura has a prominent mosque -- the Shahi Idgah -- located next to a temple, believed to be the site of the birthplace of Lord Krishna. The mosque has been at the centre of a legal battle for years with Hindu groups claiming that the Idgah was built on land where Lord Krishna was born.
The hearing of the civil suit filed in a Mathura court seeking ownership of the entire 13.37 acres of Krishna Janmabhoomi land has been adjourned till December 10, after the plaintiff in the case, Shri Krishna Janmabhoomi Trust, failed to appear before the court on Wednesday.
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