Supreme Court Denies to Order Scientific Survey of Disputed Shri Krishna Janmabhoomi-Shahi Idgah Masjid Land in Mathura
New Delhi: The Supreme Court on Friday denied to order for a scientific audit of the disputed Shri Krishna Janmabhoomi-Shahi Idgah Masjid land in Mathura to determine the contesting ownership claims of the two communities.
The apex court said it was for Allahabad High Court to decide the matter.
A Supreme Court bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia passed the direction while refusing to entertain a special leave petition filed by the Krishna Janmabhoomi Mukti Nirman Trust against a July 2023 order passed by Allahabad High Court refusing to entertain its plea for directing a scientific audit of the premises spanning nearly 14 acres to decide the ownership claim.
The land is now under the control of the Shahi Idgah Masjid Trust. The Hindu side claims that it is the birthplace of Lord Krishna and a mosque was constructed by demolishing a portion of the adjoining temple during Aurangzeb’s time.
The bench noted that the high court will be the court of first instance and the sole competent court to adjudicate the issues pertaining to the appointment of a local commission as provided under the Civil Procedure Code Order 26, Rule 9 (procedural directions) and also Oder VII, Rule 11 relating to rejection of the complaint filed by the Masjid Trust.