The Supreme Court has rejected a plea for a scientific audit of the disputed Shri Krishna Janmabhoomi-Shahi Idgah Masjid land in Mathura. In doing so, the Court emphasized that the matter should be resolved by the Allahabad High Court, which is currently handling various petitions related to the ownership dispute.
Background and Legal Battle
The disputed land, spanning nearly 14 acres, is currently under the control of the Shahi Idgah Masjid Trust. The Hindu side contends that this area is the birthplace of Lord Krishna and claims that the mosque was constructed by demolishing a portion of an adjoining temple during Aurangzeb's reign.
The Krishna Janmabhoomi Mukti Nirman Trust filed a special leave petition after the Allahabad High Court denied its request for a scientific audit to determine ownership. Senior advocate Gaurau Bhati, representing the trust, argued that a scientific survey was essential to establish ownership conclusively.
Supreme Court's Decision
The Supreme Court, however, declined to entertain the appeal, asserting that the high court should be allowed to handle the matter comprehensively. It noted that the Allahabad High Court is the appropriate court to adjudicate issues related to the appointment of a local commission, in accordance with the Civil Procedure Code Order 26, Rule 9, and matters concerning the rejection of the complaint filed by the Masjid Trust under Order VII, Rule 11.
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