The Supreme Court on Friday refused to hear a petition related to the scientific survey of Shri Krishna Janmabhoomi-Shahi Idgah complex in Mathura.
Justices Sanjay Kishan Kaul and Sudhanshu Dhulia observed that the High Court has not yet made a decision regarding the application under Order 26 Rule 11 of the Civil Procedure Code, which pertains to the selection of commissioners.
"It cannot be said that the trial court did not 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 Supreme Court said.
The case revolves around a lawsuit initiated by Hindu parties who are seeking the removal of the Mathura Shahi Idgah Masjid. Their claim is based on the argument that this mosque was constructed on land considered to be the birthplace of Lord Krishna, known as Krishna Janmabhoomi.
Earlier, both a trial court in Uttar Pradesh and the Allahabad High Court had dismissed the request from the Hindu Trust for a survey. This led to the Trust filing an appeal before the Supreme Court.
The Trust contended before the Supreme Court that a scientific survey led by a commissioner is necessary to ensure the credibility of claims made over the site.
Furthermore, according to the Trust, the Muslim side has been conducting prayers at the site, utilizing the premises for non-worship purposes, and causing disturbances in a location regarded as sacred or dedicated to worship.
The Trust has also asserted that continuous excavation and destruction of Hindu symbols, temple pillars, and other significant temple components have occurred, resulting in harm to the sanctity and cultural heritage of the site.
On the petition of Shri Krishna Janmabhoomi Nirman Trust, Allahabad High Court had said that first a decision will be taken on its admissibility. Only then will the demand for survey be considered.
Website designed, developed and maintained by webexy