The Supreme Court has decided to hear the Shri Krishna Janmabhoomi-Shahi Masjid dispute on October 3. In this, the order of Allahabad High Court has been challenged, in which all the petitions related to Krishna Janmabhoomi land dispute of Mathura have been transferred from the District Court Mathura to it.
Last week, 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.
Case Brief :-
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.
Also Read - Bail has been granted only on premise that hearing of appeal in future is not possible : SC
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