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Synopsis

The Shri. Krishna Janambhoomi Mukti Nirman Trust has approached the Supreme Court of India seeking a direction for scientific survey of the Krishna Janmabhoomi-Shahi Idgah premises.

Instant SLP has been filed against the Allahabad High Court's order passed last month whereby it had dismissed a plea filed by the Trust seeking direction to the Mathura civil judge to decide its application for a scientific survey of said premises before disposal of the application by the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board objecting to its suit.

Notably, an ad interim ex parte stay against the impugned judgment/ final order has also been sought.

The petitioner trust has claimed that the respondents are intentionally attempting to seize control of the sacred worship place, thereby preventing the petitioner and other devoted followers from practicing their religious rituals on the premises.

"The respondent no. 1, including their representatives, have been observed offering prayers (Namaj) on the same premises, using the premises as restrooms which is considered to the holy place/worship place for the Petitioner. The Respondent no. 1 and their representatives are continuously digging and destroying Hindu symbols, temple pillars, and other significant elements of the temple. This has caused considerable damage to the sanctity and cultural heritage of the place...", the SLP filed through Advocate Himanshu Shekhar Tripathi adds.

The trust has further argued that as the present controversy relates to identification, location or measurement of the land therefore, at this stage before application under Order 7 Rule 11 CPC is decided, local investigation is necessary so that the parties are aware of the report of the Commissioner.

In the impugned judgment, Justice Jayant Banerji held that the decision of the Civil Judge, Senior Division, Mathura to hear the mosque committee's application under Order 7 Rule 11 of the CPC against the maintainability of the Trust's suit first was proper and justified.

"The trial court, in the impugned order has observed that where in a suit, its maintainability has been questioned, then that fact has to be determined first. Therefore, hearing on the question of maintainability of the suit is proper and justified," noted the single judge bench. 

The Trust had filed a writ petition before the high court to set aside the order dated March 31, 2023 of the Mathura civil judge in its application for a scientific survey of the disputed premises.

Notably, on July 21, Supreme Court had orally observed that maybe it would be better if the issue involving the Krishna Janmbhoomi- Shahi Idgah dispute was settled at the High Court level as it would maybe have a better ability to handle a suit of this nature.

The bench also comprising Justice Dhulia was of the opinion that it would be in the larger interest that all the suits are consolidated and tried by a higher authority.

These observations came to be made by the top court while hearing a plea filed by Committee of Management Trust, Shahi Masjid Idgah against the Allahabad High Court's May 26 order, directing for transfer of all suits related to claims on the birthplace of Lord Krishna, to itself.

Supreme Court has now called for details on the matter from the Registrar of the High Court. "Let us call for details. We will see. We are not deciding anything now..we will see how trial should proceed. We will lay down some modalities", the division bench added.

The dispute between the KrishnaJanmabhoomi and Shahi Idgah mosque pertains to the claims that Shahi Idgah Masjid is constructed on a part of 13.37 acre land belonging to the Sri Krishna Janam Bhoomi Trust. Demads are being made to remove the mosque and return of the land to Hindus. 

Case Title: Shri. Krishna Janambhoomi Mukti Nirman Trust vs. Sahi Masjid Eidgah Management Committee & Ors