Krishna Janmabhoomi case: Hindu party moves Supreme Court for scientific survey of premises

The Shri Krishna Janambhoomi Mukti Nirman Trust has moved the Supreme Court seeking a scientific survey of the disputed Shahi Idgah mosque – Krishna Janmabhoomi site.

The case concerns a suit filed by Hindu parties seeking the removal of the Mathura Shahi Idgah Masjid on the ground that this mosque was built over Krishna Janmabhoomi land.

Earlier this year, a trial court in Uttar Pradesh and the Allahabad High Court had rejected the Hindu Trust’s plea for a survey, leading to the appeal before the Supreme Court.

The Trust has 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.

“This survey will offer empirical data and substantiate the accuracy of their statements, providing a reliable basis for any conclusions or decisions … (will help) to fully comprehend the religious history and the significance of the site in a religious context concerning the land in dispute,” stated the appeal filed through advocate Himanshu Shekhar Tripathi.

The Trust further claimed that the Muslim side has been offering prayers at the site, using the premises as restrooms, and “creating nuisance” at a place considered holy or a place of worship by the Trust.

There has been continuous “digging” and destruction of Hindu symbols, temple pillars, and other important temple elements, the plea alleged.

All of this has caused damage to the sanctity and cultural heritage of the site, the Trust submitted.

It added that noise and vibrations produced by a generator have led to cracks appearing on a wall at the site.
Hence, the plea contended that since there is a dispute related to the identification of land, the court below should have considered appointing a commissioner

The Trust asserted that the trial court failed to consider that a local investigation is needed at an early stage of the case before any order is passed by a trial court on an application for the rejection of the suit under Order 7, Rule 11 of the Code of Civil Procedure (CPC)

“Once there is a controversy as to identification, location or measurement of the land, local investigation should be done at an early stage so that the parties are aware of the report of the commissioner,” the appeal drawn by advocate Sarthak Chaturvedi stated.

The Supreme Court recently opined that it would be in the interest of all stakeholders if the Krishna Janmabhoomi-Shahi Idgah Masjid civil suit is heard by the Allahabad High Court since the case has the potential to create disquiet in the society.

The order was passed on an appeal against a High Court order that had allowed a plea by the Hindu parties to transfer the suit from the trial court to the High Court.

Prior to these developments, a civil court had dismissed the suit on September 30, 2020, citing a bar on admitting the case under the Places of Worship (Special Provisions) Act, 1991.

However, this decision was eventually overturned in May 2022 by a Mathura District Court after an appeal challenging the civil court decision.

On a related note, the Supreme Court recently upheld an Allahabad High Court order allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises.

Source : Bar And Bench