Shri Krishna Janmabhoomi Dispute| Supreme Court Stays Execution Of High Court's Order Appointing Commissioner For Survey, Terms Application 'Vague'
The Supreme Court has stayed the operation of the Allahabad High Court's order directing the appointment of an Advocate Commissioner to conduct a court-monitored survey on the disputed Shahi Idgah and the Krishna Janmabhoomi temple, in Mathura.
Pertinently, earlier, the Apex Court had refused to stay the order allowing the application for the appointment of a Court Commissioner for the inspection of the Idgah Mosque complex in Mathura in the suit on the subject.
The interim order came in a Special Leave Petition preferred by the mosque management committee challenging a December 14, 2023 order, where a bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta also issued notice.
The bench at the outset clarified that the operation of the impugned order to the extent of 26 Rule 9 will be stayed.
"The application is very vague. The application for appointment of a Local Commissioner merely says in terms of the prayer made in the plaint. Can application for appointment of a Local Commissioner be made in this way?", said Justice Khanna.
"The third aspect is in the transfer matter, the transfer which was allowed, the issue is pending before this Court. You take notice and don't implement the order till the next date", Justice Khanna added further.
"Trial court can continue the trail under Order 7 Rule 11 and other matters", Justice Khanna further said.
The bench further said that the prayer has to be very clear specific for which the local commissioner is appointed for and that it cannot be left on the court to decide and determine what and what not is to be done.
Accordingly, the bench in the interim order directed, "Issue notice and make it returnable with the transfer matter on January 23, 2024. Some legal issue rise for consideration including the question in light of the judgment of this court in Civil appeal no. 9695 of 2023 Asbal Atif and Shameem Ahmed and Ors. The proceedings before the trial court can continue, however, the commission will not be executed till the next date of hearing".
Yesterday, the Allahabad High Court passed the impugned order, allowing the application filed by the deity (Bhagwan Shri Krishna Virajman) and seven others under Order 26 Rule 9 CPC. The application was filed through Advocates Hari Shankar and Vishnu Shankar Jain.
The High Court also noted that the appointment of a commission, consisting of three advocates, would not harm either party. The report's effect on the merits of the case is clarified, and the court could issue directions to maintain the sanctity of the property during the commission's execution.
In the application filed in the pending suit before the High Court, it was asserted that the birthplace of Lord Sri Krishna is situated beneath the Mosque. The claim emphasized various indications supporting the assertion that the Mosque is, in fact, a Hindu temple.
Cause Title: Committee Of Management Trust Shahi Masjid Idgah Vs. Bhagwan Shrikrishna Virajman and Ors.
