14 Aug 2023 10:29 AM GMT
The Shri Krishna Janmabhoomi Mukti Nirman Trust has moved the Supreme Court praying for a scientific survey of Shahi Eidgah Masjid premises, which is claimed to be built over Krishna Janmabhoomi. This development comes a month after the Allahabad High Court dismissed the writ petition filed by the trust seeking a direction to a local court to decide an application for a scientific survey of the premises of the mosque in Uttar Pradesh's Mathura.
The petitioner-trust contended before the high court that the civil judge should decide upon its application before deciding an Order VII Rule 11 CPC application of the Mosque Committee and UP Sunni Central Waqf Board objecting to the suit filed by Bhagwan Shrikrishna Virajman and others.
However, a bench of Justice Jayant Banerji held that it was settled law that where in a suit, its maintainability has been questioned, then that fact has to be determined first and no other pleading nor any evidence may be considered by the court while adjudicating in respect of an application under Order VII Rule 11. The court remarked:
In May, the Allahabad High Court transferred to itself all the suits pending before the Mathura court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, allowing the transfer application filed by Bhagwan Shrikrishna Virajman and seven others. In the operative part of its order, a single-judge bench of Justice observed:
"...Looking to the fact that as many as 10 suits are stated to be pending before the civil court and also there 25 should be more suits that can be said to be pending and issue can be said to be seminal public importance affected the masses beyond tribe and beyond communities having not proceeded an inch further since their institution on merits for past two to three years, provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this Court under Section 24(1)(b) CPC."
Justice Banerjee, while dismissing Shri Krishna Janmabhoomi Mukti Nirman Trust's writ petition, cited the transfer order. In light of the transfer of the suits, the Mathurs court would have no jurisdiction to adjudicate on the plea filed by the trust, the single-judge bench held. This transfer order was also challenged in the Supreme Court. While hearing the plea, a division bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia indicated that it would be better if the high court decided the matter. Justice Kaul observed during the brief hearing:
"Looking at the nature of the matter, is it not better that the high court tries the matter? Thinking aloud, if it is tried at a higher level...pendency of matter causes its own disquiet, one side or the other...A multiplicity of proceedings and prolongation are not in the interest of anybody. The objective as we see it is to ensure that further proceedings are not filed in the present matter. It is in the larger interest of everybody that the matter is decided at a higher level."
The apex court also sought details from the Registrar of the Allahabad High Court regarding the civil suits that were directed to be consolidated and transferred to the high court from the trial court.
The Krishna Janmabhoomi-Eidgah Mosque dispute is over a claim that Mathura's Shahi Eidgah Masjid is built over Krishna Janmabhoomi land. In a similar dispute related to the Gyanvapi mosque in Varanasi, the District Court had allowed a plea of certain worshippers for an ASI survey of the premises to ascertain if the structure was built over a temple. This order was later upheld by the Allahabad High Court as well as the Supreme Court.