SC declines to entertain plea for scientific survey of the Krishna Janmabhoomi-Shahi Idgah premises

A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that the Allahabad High Court is yet to decide on the application under Order 26 Rule 11 of the Civil Procedure Code which is connected with the appointment of commissioners.

New Delhi: The Supreme Court Friday declined to entertain a plea filed against the Allahabad High Court's order dismissing a plea filed by the Shri Krishna Janambhoomi Mukti Nirman Trust seeking a direction for scientific survey of the Krishna Janmabhoomi-Shahi Idgah premises in Uttar Pradesh's Mathura.

A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that the Allahabad High Court is yet to decide on the application under Order 26 Rule 11 of the Civil Procedure Code which is connected with the appointment of commissioners.

The bench said that it cannot be contended that the trial court did not have jurisdiction to pass the order and also, it cannot be urged that the High Court alone should have exercised revisionary jurisdiction after transfer.

The bench told the petitioner’s counsel the High Court is deciding the maintainability issue, other aspects and asked the petitioner to go before the High Court. The bench told the petitioner’s counsel, why have you rushed here against an interim order of a single judge?

Senior advocate Gaurav Bhatia, representing the petitioner, submitted that when the suit was transferred to the High Court, the trial court should not have passed the said order.

The bench told the petitioner’s counsel that if the High Court thinks that survey is to be carried out, they will keep your order in abeyance, and the trial court passed the order within its jurisdiction.

In July this year, the High Court had dismissed a plea filed by the Shri Krishna Janmabhoomi Mukti Nirman Trust, seeking direction to the Mathura civil judge to decide its application for a scientific survey of KrishnaJanmabhoomi-Shahi Idgah premises before disposal of the application by the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board objecting to its suit. The petitioner moved the apex court against the High Court order.

The top court said it does not find it a case to exercise its jurisdiction under Article 136, more so for an interim order, while disposing of the plea. The petitioner contended before the apex court that a scientific survey led by a commissioner is necessary to ensure the credibility of claims made over the site.