The Supreme Court on Friday refused to entertain a plea filed by the Shri Krishna Janmabhoomi Mukti Nirman Trust seeking a scientific survey of Krishna Janmabhoomi-Shahi Masjid Eidgah premises in Uttar Pradesh's Mathura.
A bench comprising Justices S.K. Kaul and Sudhanshu Dhulia disposed of the special leave petition (SLP) filed against the decision of the Allahabad High Court where the High Court had declined to direct Mathura civil judge to decide application for a scientific survey of the disputed site before deciding on the objections raised against the suit.
“We feel that we are not required to exercise jurisdiction under Article 136, more so for an interim order… No prejudice to the rights and contentions of the parties in other SLP. Petition is disposed of,” ordered the bench, clarifying that all questions relating to the dispute would be left open for the Allahabad High Court to decide.
Multiple suits had been filed in the Krishna Janmabhoomi-Shahi Eidgah dispute in different courts of Mathura, with a common claim that the Eidgah complex was built on the land believed to be the birthplace of Lord Krishna and where a temple had existed.
The opposite parties, namely the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board, had filed their objections regarding the maintainability of the suits on the ground that the suit is barred by the Places of Worship Act, 1991, which provides that the nature of any place of worship cannot be altered as existed on August 15, 1947.
In May this year, the Allahabad High Court had directed transfer of all matters relating to the dispute pending before the court in Mathura to the high court. The Hindu devotees, in their transfer petition, said that the Krishna Janmabhoomi case in Mathura holds national importance and should be heard in the high court.
Against this decision of the high court clubbing and transferring cases to itself, the plea moved by the management committee of the Shahi Masjid Eidgah is pending before the Supreme Court.