The Supreme Court on Friday, September 22 declined to order a scientific survey of the disputed Shahi Idgah mosque located at the Krishna Janmabhoomi site in Mathura, Uttar Pradesh.
#KrishnaJanmabhoomi case.#SupremeCourt says :
— Live Law (@LiveLawIndia) September 22, 2023
– Matura Civil Court's order rejecting the application filed by Shri Krishna Janmabhoomi Mukti Nirman Trust for a scientific survey of the Shahi Eidgah mosque was passed with jurisdiction. Because it was passed before the suits… https://t.co/c1i3rC5ogb
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that the High Court was yet to rule on the plea under Order 26 Rule 11 of the Civil Procedure Code, which pertains to the appointment of commissioners.
The apex court stated, “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 SLPs. The petition is disposed of.”
Plea filed in SC seeking Gyanvapi-like scientific survey of disputed Shahi Idgah site in Mathura
The bench was addressing a petition filed by the Shri Krishna Janambhoomi Mukti Nirman Trust on the 14th of last month, which sought a Gyanvapi-like scientific survey of the Shahi Idgah site in Mathura.
In their plea, the petitioners have argued that the Hindu community has the right over the disputed Shahi Idgah site. They have stressed that the disputed structure was constructed after demolishing Hindu temples and such construction cannot be a mosque.
The petitioner has further stated that to validate the claims made by the Krishna Janambhoomi Trust and the Masjid Committee regarding the disputed land, it has become imperative to carry out a thorough scientific survey.
The petitioners also noted that it is important to understand the religious history and the significance of the site and it can be achieved through proper scientific survey.
Earlier this year, in January, the Krishna Janmabhoomi Trust filed a suit before the civil judge, Mathura. They attached a map along with a request to protect their interest and constitutional rights. Additionally, they also requested the court to restore the Krishna Janmbhoomi at the place where the disputed structure also known as Shahi Masjid Idgah exists.
However, this was objected to by the management committee of Shahi Masjid Idgah and UP Sunni Central Waqf Board.
Later, in July, the Shahi Idgah Trust moved to the Supreme Court challenging an Allahabad High Court order in this case. The High Court, through an order dated May 26, transferred all the petitions relating to Mathura’s Krishna Janambhoomi land dispute from Uttar Pradeh’s District Court Mathura to itself.
The Krishna Janmabhoomi case
The dispute over Kashi and Mathura is similar to the one over Ayodhya. The Shahi Idgah Mosque stands at the Krishna Janmabhoomi in the city of Mathura. The Islamic invader Aurangzeb destroyed the ancient Keshavnath temple and built the Shahi Idgah Mosque on its plinth in 1669. Following that, the Shahi Eidgah Mosque in Mathura was built. The conflict in Mathura is over ownership rights to a total of 13.37 acres of land which belongs to Thakur Keshav Ji Maharaj and Shri Krishna Janmabhoomi is situated on his land. The Hindu side is calling for the removal of the Shahi Eidgah Mosque and the transfer of this land to the Shri Krishna Janmasthan.
