The Supreme Court on Friday refused to entertain a plea by ‘Shri Krishna Janambhoomi Mukti Nirman Trust’ seeking a survey of the Janmabhoomi-Shahi Idgah mosque premises in Mathura to determine whether it was built on a pre-existing Hindu temple. The apex court rejected an appeal challenging a July 10 decision of the Allahabad High Court which had also dismissed the plea finding no error or illegality in the order of a Mathura civil judge who had decided to first hear the issue of maintainability of the suit as raised by management committee of the mosque.
The Trust challenged an order of the Allahabad High Court which dismissed its plea to direct the Mathura civil judge to decide its application for a scientific survey of Krishna Janmabhoomi-Shahi Idgah mosque premises first before deciding the objections raised against the suit. The objections against the suit were raised before the civil judge by the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board.
“Thus, we feel we are not required to exercise jurisdiction under Article 136 of the Constitution, more so being an interim order, as there are various issues at large which are pending before the high court as the court of first instance,” a bench of Justice Sanjay Kishan Kaul and Sudhanshu Dhulia said. Senior advocate Gaurav Bhatia, representing the Trust, submitted before the apex court that aggrieved by the trial court’s March order, they preferred a petition before the high court, which on May 26 transferred all the suits related to the matter to itself.
The bench said it was conscious of the fact that all related proceedings, including the suits, stand transferred to the high court. However, the trial court passed the order before such transfer took place and it cannot be said that it did not have the jurisdiction to pass such an order.
“The high court on transfer of all the cases will do the trial and be the court of first instance. That being the position it cannot be urged, as counsel for the petitioner submits, that the said court alone should have exercised the jurisdiction... Also against the order of the trial court,” the bench said, adding that the issues related to the suits are to be considered by the high court.
The top court also noted the submission of advocate Tasneem Ahmadi, representing Shahi Masjid Eidgah Management Committee, that a special leave petition (SLP) has been filed by them against the high court’s May 26 order which is pending before the apex court. “Thus what we have observed aforesaid is without prejudice to the rights and contentions of the respondent in that case,” the bench said.