Krishna Janmabhoomi row: Supreme Court refuses to stay Allahabad High Court order for court-monitored survey
Satya Prakash
New Delhi, December 15
The Supreme Court on Friday refused to stay the Allahabad High Court’s order to appoint an advocate commissioner for a court-monitored survey of the Shahi Idgah premises adjoining the Krishna Janmabhoomi temple at Mathura in Uttar Pradesh.
Noting that the high court’s order has not been formally challenged, a Bench led by Justice Sanjiv Khanna told senior counsel Huzefa Ahmadi, representing the Muslim side, that the petitioners were free to move the top court if any adverse orders were passed.
“How can I stay the order without it being before me?” Justice Khanna asked Ahmadi, who represented the Committee of Management Trust, Shahi Masjid Idgah, Mathura.
“The special leave petition is listed on January 9. Let it come up on the said date. All issues and contentions will be considered. In case the petitioner has any grievance, it will be open to the petitioner to file a challenge in accordance with law,” the top court said in its order.
Justice Khanna’s observation came after Ahmadi told the Bench that the high court was further scheduled to take up the matter on December 18 to hear the parties with regard to modalities and composition of advocate commissioner.
As Ahmadi insisted that the top court intervene at this stage, Justice Khanna said, “Please tell the high court that this matter is listed on January 9.”
The high court had on December 14 agreed to the appointment of an advocate commissioner to oversee the survey of the mosque, which the petitioners claim holds signs suggesting that it was a Hindu temple once.
“If the application for appointment of commission is allowed by this court, the rights of the defendants would not be prejudiced in any way,” Justice Mayank ‘Kumar Jain of the Allahabad High Court said in his 30-page order.
“So far as the modalities and composition is concerned this court feels it proper to hear the learned counsel for the parties for such purposes,” Justice Jain said, posting the matter for 2 pm on December 18.
The order on the Krishna Janmabhoomi-Shahi Idgah issue is the second temple-mosque dispute in which the high court has given its nod to a survey over the past months. In May, the high court transferred to itself all cases related to the Mathura dispute.
The Archeological Survey of India (ASI) recently completed a survey of the Gyanvapi mosque next to Varanasi’s Kashi Vishwanath temple, but has sought more time from a local court to submit its report.
The Hindu side contended that Hindu religious symbols and engravings were visible at the base of the pillar.
Justice Jain had on November 16 reserved the order on the Hindu side’s petition seeking a survey of the Shahi Idgah premises. The petition was filed on behalf of the deity Bhagwan Sri Krishna Virajman and seven others through advocates Hari Shankar Jain, Vishnu Shankar Jain, Prabhash Pandey and Devki Nandan. It claimed that Lord Krishna’s birthplace lies beneath the mosque.
They had sought the appointment of a commission with specific directions to submit its report within a stipulated time period after conducting a survey. They also sought directions to photograph and record the entire proceedings on video. According to the petitioners, the factual aspects of the “disputed structure” have to be brought before the court for proper adjudication.
