SC refuses to hear plea seeking scientific survey in Krishna Janambhoomi

The Supreme Court on Friday refused to entertain a plea seeking a scientific survey in Mathura's Krishna Janambhoomi.

A bench of justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that the Allahabad High Court has transferred all the matters connected to Mathura's Krishna Janambhoomi to itself.

The top court let over the Allahabad High Court to determine whether they hear the suit relating to maintainability will be taken first or some other matter.

"We do not find it a case to exercise our jurisdiction under Article 136 more so for an interim order," the court said.

The Shri Krishna Janambhoomi Mukti Nirman Trust has approached the Supreme Court, seeking a detailed scientific survey of the area, akin to the one in progress at the Gyanvapi Mosque in Varanasi.

Such a survey would employ modern archaeological methods, geospatial analyses, and historical records to provide a comprehensive understanding of the site's significance, the Trust said.

The Trust, represented by its president Siddhapeeth Mata Shakumbhari Peethadeeswar Bhaguwanshi Aashutosh Pandey, has filed a Special Leave Petition in the apex court against the judgment given by the High Court of Judicature at Allahabad.

Allahabad High Court in its judgement order dated July 10, 2023, affirmed the trial court order dated March 31.

The petitioner said that it is the Peethadhiswar Bhaguwanshi of Shri Krishna Janambhoomi Mukti Nirman Trust, which was constituted to promote and propagate the Sanatan Dharma throughout the globe and to protect the interest of the followers of Sanatan Dharma and to build, renovate and protect Sanatan Dharma Temple monasteries.

It also added that the object of the trust is to protect such places from encroachers and also evict the illegal occupier.

Additionally, the trust aims to protect the interests of the Sanatan Dharma followers, oversee the construction and renovation of temples and monasteries, and safeguard such holy places from any form of encroachment and illegal occupation.

The petitioner said that it has filed a civil suit before Civil Judge Senior Division Mathura against the respondent seeking a relief of declaration and injunction claiming the right of the Hindu Community over the alleged masjid Eidgah which was constructed after demolishing Hindu temples and such construction cannot be a Mosque.

The petition also claimed the alleged compromise dated 12.10.1968 on the basis of which the decree was passed was a sham and fraud which was played on the court and the compromise and decree were null and void, right to worship at the site of Shri Krishna Janmasthan and also removal of structure of Shahi Masjid Eidgah.

The petition specifically emphasized the alleged ongoing damage and desecration of the historically significant site by several respondents.

The civil suit in contention revolves around the masjid Eidgah, constructed allegedly after demolishing Hindu temples. The petitioner contends that such a construction cannot be deemed a mosque.

They further argue against the validity of a compromise dating back to 1968, terming it a "sham and fraud."

Highlighting the various grievances, the petitioner alleged that the respondents, which include notable entities such as the Shahi Masjid Eidgah Management Committee, have been involved in damaging the property, particularly elements that hold religious and historical significance for Hindus.

The Trust claimed that the respondents have caused harm to temple pillars, and symbols, and have used generators leading to further damage to walls and pillars. The applicants have also raised concerns about observed prayers (Namaj) and other activities on the premises.

Intriguingly, the petitioner has also raised concerns about discrepancies in property registrations. They argue that the land may not be officially registered under the name 'Eidgah', pointing out that taxes are being collected under the moniker of 'Katra Keshav Dev, Mathura'.

The petitioner, represented by noted Supreme Court lawyer Sarthak Chaturvedi, sought a local investigation into the identification, location, and measurement of the disputed land, highlighting the need for a scientific survey to substantiate claims made by both parties.

This request has been inspired by the ongoing ASI survey at the Gyanvapi Mosque. The Gyanvapi survey, which has garnered significant attention, aims to ascertain the historical and architectural significance of the site.

The Shri Krishna Janambhoomi Mukti Nirman Trust, established to uphold the values and interests of Sanatan Dharma worldwide, aims to protect and renovate temples and monasteries. A significant goal of the Trust is safeguarding these sacred places from encroachments and evicting illegal occupants.

The petitioner's plea sought not only permission to challenge the High Court's judgment but also requests an interim ex-parte stay on the same until the SLP is finalized. In essence, the Trust is ardently looking forward to a fresh evaluation of the site to validate its claims and potentially shed light on the intricate history intertwined with the land.