Supreme Court refuses to direct scientific survey of Shahi Idgah mosque - Krishna Janmabhoomi site

The Supreme Court on Friday refused to direct a scientific survey of the disputed Shahi Idgah mosque - Krishna Janmabhoomi site in Uttar Pradesh's Mathura [Shri Krishna Janambhoomi Mukti Nirman Trust vs Shahi Masjid Eidgah Management Committee and ors]. .A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that the High Court is yet to decide on the application under Order 26 Rule 11 of the Civil Procedure Code which relates to the appointment of commissioners. "It cannot be said that the trial court did not have jurisdiction to pass the order. That being the position it cannot be urged that the High Court alone should have exercised revisionary jurisdiction after transfer ... Therefore, we do not find it a case to exercise our jurisdiction under Article 136, more so for an interim order. No prejudice to the rights and contentions of parties in other SLP. Petition is disposed of", the Supreme Court said..The bench was hearing a plea by the Shri Krishna Janambhoomi Mukti Nirman Trust 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 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.Further, 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, the Trust said.There has been continuous "digging" and destruction of Hindu symbols, temple pillars, and other important temple elements and this has caused damage to the sanctity and cultural heritage of the site, the plea further alleged..Senior Advocate and Bharatiya Janata Party (BJP) leader Gaurav Bhatia appeared for the Trust. Advocate Tasneem Ahmadi appeared for the Shahi Masjid Eidgah Management Committee..The Court had 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.That observation came 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.On a related note, the Supreme Court had recently upheld an Allahabad High Court order allowing the Archaeological Survey of India (ASI) to conduct a scientific survey of the Gyanvapi mosque premises in Varanasi.