Krishna Janmabhoomi case: The Allahabad High Court on Monday adjourned the hearing on the issue of modalities and composition of the commission that will survey the Shahi Eidgah premises adjoining the Krishna Janmabhoomi temple in Mathura.
The hearing was put off at the request of the Muslim side which informed the court that they have filed a Special Leave Petition before the Supreme Court against the order on the survey commissioner and the apex court has fixed January 9, 2024 for hearing the matter.
Last Thursday, the high court agreed to the appointment of an advocate-commissioner to oversee the survey of the mosque, which the petitioners claim holds signs suggesting that it was once a Hindu temple. Justice Mayank Kumar Jain, while hearing a suit filed in the name of the deity - Bhagwan Shrikrishna Virajman at Katra Keshav Dev - and seven others, had allowed the application for the commission survey.
A day later, the Supreme Court refused to stay the Allahabad High Court's decision allowing the court-monitored survey of the Shahi Idgah on an oral plea by the Muslim side and asked them to challenge the order by way of an appeal.
Earlier, the Supreme Court on December 15 refused to stay Allahabad High Court’s order which allowed the primary survey of the Shahi Idgah complex by a court-monitored three-member team of advocate commissioners.
The apex court denied staying the order of appointment of commission for the survey of Shahi Idgah saying it will not stay anything.
It said that the let Allahabad High Cour hear the matter on December 18 on the modalities of the survey. If any adverse order comes then they can approach the top court.
Speaking on the matter, Vishnu Shankar Jain, the lawyer for the Hindu side said, "Supreme Court has refused to stay the proceedings and fixed the matter so far as challenge to the transfer order is concerned on January 9... The High Court order will continue and proceed with the matter and there is no stay by the Supreme Court."
The HC said no harm should be caused to the Mathura structure during the survey, which he indicated could be overseen by a three-member commission of advocates.
"The commission is duty bound to submit its fair and impartial report on the basis of the actual status of the property. The commission may also submit its discovery as to the existence of particular signs at the property as referred by the plaintiffs," Justice Jain observed.
It said the representatives of both sides to the dispute can accompany the commission members and assist them "so that the correct position of the spot may be noted and be brought before the Court."
The court said the sanctity of the premises has to be strictly maintained during the execution of the survey.
(With inputs from PTI)
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