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Synopsis

A division bench of the Supreme Court today refused to entertain an SLP filed against the Allahabad High Court's order passed in July whereby it had dismissed a plea filed by the Shri. Krishna Janambhoomi Mukti Nirman Trust seeking a direction for scientific survey of the Krishna Janmabhoomi-Shahi Idgah premises.

Justice SK Kaul led bench has held that the impugned order passed by the Mathura Civil Court cannot be held to be passed without jurisdiction as the same was passed before all suits on the subject were transferred to the High Court.

"How can the High Court which is trying the suit, also sit in revision of the order of the trial court?", asked the bench also comprising Justice Sudhanshu Dhulia.

Senior Advocate Gaurav Bhatia, appearing for the Trust, had argued that when the suit was transferred to High Court, the trial court should not have passed said order.

"If the High Court thinks that survey is to be carried out, they will keep your order in abeyance..the trial court passed the order within its jurisdiction..", Justice Kaul told Bhatia.

The petitioner trust had 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 added.

The trust 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 had then 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.

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