Krishna Janmabhoomi Trust Moves SC For Scientific Survey Of Idgah Structure

The Shri Krishna Janmabhoomi Mukti Nirman Trust has approached the Supreme Court seeking a stay on the Allahabad High Court order.

The Trust is fighting to reclaim the Mathura Shri Krishna Janmabhoomi temple, claiming that the Shahi Idgah mosque was illegally built on temple property.

The Trust had requested a scientific survey of the disputed premises, but the High Court had disallowed it.

The Trust has filed a plea through advocate Himanshu Shekhar Tripathi, seeking an interim stay on the 10 July 2023 order of the High Court.

The HC order upheld the 31 March order of a trial court, which dismissed the Trust's application for a scientific survey of the disputed premises.

In its plea against the Hight Court ruling, the Trust told the Supreme Court that the “alleged masjid Eidgah which was constructed after demolishing Hindu temples and such construction cannot be a mosque”.

“The respondents are intentionally attempting to seize control of the sacred worship place, thereby preventing the petitioner and other devoted followers from practicing their religious rituals on the premises," it added, reports The Indian Express.

The plea stated that the Respondent Number 1 (Shahi Masjid Idgah Management Committee), including their representatives, have been observed offering prayers (namaz) on the same premises, using the premises as restrooms which is considered a holy place/worship place for the petitioner.

“The Respondent No. 1 and their representatives are continuously digging and destroying Hindu symbols, temple pillars, and other significant elements of the temple. This has caused considerable damage to the sanctity and cultural heritage of the place,” the plea further stated.

The Trust also emphasised on the need for a survey of the disputed premises.

“It is pertinent to mention here that the controversy…relates to identification, location or measurement of the land therefore, at this age before application under Order 7 Rule 11 is decided, the local investigation is necessary at this stage," the plea said.

"Once there is a controversy as to identification, location or measurement of the land, local investigation should be done at an early stage so that the parties are aware of the report of the commissioner," it added.

To establish the credibility of the claims made by both the petitioner and the Shahi Masjid Idgah Management Committee regarding the disputed land, the Trust stressed the importance of conducting a thorough scientific survey.

The Trust stressed that to ensure the credibility of the claim put forth by both the parties regarding the disputed land, "it is imperative to carry out a thorough scientific survey”.

Such a survey “will offer empirical data and substantiate the accuracy of their statements, providing a reliable basis for any conclusions or decisions," the Trust said.

The Trust highlighted the significance of an in-depth exploration of the site to understand its historical importance and its relevance to religious matters.

"Without a clear demarcation and official documentation, the temple and its associated structures, including subordinate temples, shrines, aasthans, images, deities, mandaps, and other necessary structures as well as the adjoining land, are at risk of being compromised or encroached upon by external entities," it added.

The Trust had filed a case in the civil court of the senior division in Mathura against the mosque committee and others, seeking a "declaration and injunction" to establish the rights of the Hindu community over the alleged masjid Eidgah.

The Trust also sought the right to worship at the site of Shri Krishna Janmasthan and requested the removal of the structure of Shahi Masjid Eidgah.

Hearing the appeal filed by the Trust against the trial court order dismissing its application for a survey, the High Court stated that the question of whether the suit is maintainable needs to be addressed first before considering any other related applications.

In May of this year, the High Court transferred to itself the suits pending before the Mathura court.

This HC order was also challenged before the Supreme Court where a bench indicated that it would be better that the high court hear it, given the nature of the matter.