The Supreme Court rejected a plea seeking a scientific survey of the Krishna Janmabhoomi site’s Shahi Idgah mosque in Uttar Pradesh’s Mathura. A bench consisting of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that the Allahabad High Court’s decision on the application under Order 26 Rule 11 of the Civil Procedure Code — in relation to the appointment of commissioners is yet to made.
The Supreme Court, according to a Jagran report, during the hearing said that it cannot be said that trial court didn’t have jurisdiction to pass the order. “That being the position it cannot be urged that the High Court alone should have exercised revisionary jurisdiction after transfer… Therefore, we do not find it a case to exercise our jurisdiction under Article 136, more so for an interim order. No prejudice to the rights and contentions of parties in other SLP. Petition is disposed of.”
The plea was filed by the Shri Krishna Janmabhoomi Mukti Nirman Trust seeking a scientific survey of the disputed Shah Idgah mosque in the complex of the Krishna Janmabhoomi. The trust had stated that a survey with the supervision of a commissioner was important for establishing the credibility of claims about the site.
The dispute reportedly stems from a suit filed by Hindu parties which aims at removing the Mathura Shahi Idgah mosque, contending that it was built on the land of Krishna Janmabhoomi. Earlier this year, the trust’s request seeking scientific survey was rejected by an Uttar Pradesh trial court and the Allahabad High Court as well. This rejection then led to an appeal being filed in the Supreme Court.
The Shri Krishna Janmabhoomi Mukti Nirman Trust also alleged that the Muslim side has been using the site for prayers, non-religious objectives, and causing disruption at such a sacred place. Other than this, there were claims that mentioned Hindu symbols, temple pillars and other such important things being damaged regularly, which in return, impacted the cultural heritage and respect of the site.
Appearing for the trust was senior advocate and Bharatiya Janata Party (BJP) leader Gaurav Bhatia.
Previously, the Supreme Court had said that it would be in the best interest of all the parties involved if the Allahabad High Court heard the matter of the Krishna Janmabhoomi – Shahi Idgah Mosque civil suit.
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