SC rejects the petition for a scientific study of Krishna Janmabhoomi in Mathura in the Krishna Janmabhoomi case

A request for a scientific assessment of the disputed Shahi Idgah mosque-Krishna Janmabhoomi site in Mathura, Uttar Pradesh, was denied by the Supreme Court on Friday. The Allahabad High Court has not yet made a decision on the plea made in accordance with Order 26 Rule 11 of the Civil Procedure Code regarding the appointment of commissioners, a bench made up of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted.

It is not possible to argue that the trial court lacked jurisdiction to issue the order. The High Court should not have been the only entity to exercise revisionary jurisdiction upon transfer, given the circumstances. Therefore, we do not think it is appropriate to use our Article 136 competence, especially not for an interim order. The Supreme Court ruled that there was “no prejudice to the rights and contentions of parties in other SLP. Petition is disposed of.”

A request for a scientific study of the contentious Shahi Idgah mosque-Krishna Janmabhoomi complex was being heard by the court on behalf of the Shri Krishna Janambhoomi Mukti Nirman Trust.

The Trust maintained that in order to verify the veracity of allegations surrounding the site, a scientific investigation directed by a commissioner was required.

The issue centers on a lawsuit brought by Hindu organizations who want to demolish the Mathura Shahi Idgah Masjid because they claim it was constructed on property belonging to Krishna Janmabhoomi. Earlier this year, the Allahabad High Court and a trial court in Uttar Pradesh both denied the Trust’s plea for a survey, which prompted an appeal to the Supreme Court.

The Trust also said that the Muslim side had been praying there, utilizing it for non-religious reasons, and generating commotion in a revered location. The sanctity and cultural history of the location were allegedly being compromised by ongoing destruction to Hindu icons, temple pillars, and other vital components.

The Trust was being represented by senior attorney and BJP leader Gaurav Bhatia.

Due to its potential to cause societal disturbance, the Supreme Court recently said that it would be in everyone’s best interests if the civil case involving the Krishna Janmabhoomi-Shahi Idgah Masjid was handled by the Allahabad High Court. This declaration was made in the course of an appeal against a High Court ruling that permitted the transfer of the case from the trial court to the High Court.

In a related matter, the Supreme Court recently affirmed an order of the Allahabad High Court allowing the Archaeological assessment of India (ASI) to carry out a scientific assessment of the grounds of the Gyanvapi mosque in Varanasi.