Krishna Janmabhoomi case: The Allahabad High Court on Monday (December 18) reserved its order on a case seeking the primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi Temple in Uttar Pradesh’s Mathura. The High Court will pronounce its verdict at 4 pm today on the modalities of the survey.
A decision could not be taken today regarding the form of survey to be conducted by the Advocate Commissioner. On behalf of the Muslim side, an argument was given citing the filing of SLP in the Supreme Court, the court reserved judgment.
The court is yet to decide whether the High Court can issue the order after the case is pending in the Supreme Court. Decision reserved on the demand for simultaneous hearing of all 18 cases related to Mathura. The court’s decision may come this evening or tomorrow.
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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