Supreme Court Decision / Supreme Court refuses to ban survey in Shri Krishna Janmabhoomi case

Supreme Court Decision: The Muslim side has received a big blow from the Supreme Court in the Shri Krishna Janmabhoomi case. The Supreme Court has refused to stay the Allahabad High Court order for court survey of the Shahi Idgah complex. Yesterday Allahabad High Court had given permission for court survey of Shahi Idgah complex. While hearing the petition filed in this context, the Supreme Court said that it cannot put any stay on the survey order of the High Court. Yes, if some things come out in the survey then it can be considered.

#WATCH | On Supreme Court refusing to stay Allahabad High Court’s December 14 order which allowed the primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi Temple in Uttar Pradesh's Mathura, Vishnu Shankar Jain, the lawyer for the Hindu side says,… pic.twitter.com/rkMNeVMzN3

— ANI (@ANI) December 15, 2023

The outline of the Court Commissioner survey will be decided on December 18.

Earlier yesterday, the Allahabad High Court allowed a petition seeking appointment of a court-monitored Advocate Commissioner or Court Commissioner to survey the premises of the Shahi Idgah Mosque adjacent to the Shri Krishna Janmabhoomi Temple in Mathura. The court has fixed December 18 as the next date of hearing. On December 18, the outline of how many members the Court Commissioner will have and how the survey will be conducted will be decided.

Seven petitioners including Vishnu Shankar Jain

This petition was filed in Allahabad High Court by Lord Shri Krishna Virajman and seven others through advocates Harishankar Jain, Vishnu Shankar Jain, Prabhash Pandey and Devki Nandan in which it has been claimed that the birthplace of Lord Krishna is present below that mosque and There are many signs which prove that the mosque is a Hindu temple. According to advocate Vishnu Shankar Jain, it has been said in this petition that there is a lotus shaped pillar which is a feature of Hindu temples. It also says that there is a replica of Sheshnag who is one of the Hindu deities and who protected Lord Krishna on the night of his birth. The petition also stated that there are Hindu religious symbols at the base of the pillars of the mosque and these are clearly visible in the carvings.

Admitting the application for appointment of a Court Commissioner, the court said, “It is pertinent to mention here that the respondents may participate in the hearing for the appointment of a Commissioner by this Court. Further, if they feel aggrieved by the report of the Commission they will have the opportunity to file an objection against that report.” The court further said, “The report filed by the Commissioner is always related to the evidence of the parties and the same is admissible in evidence. Court Commissioners are competent witnesses and can be called to give evidence during the hearing at the request of either party. The other side will always have an opportunity to cross-examine.” The court said, “It also has to be kept in mind that the appointment of a commission consisting of a panel of three lawyers will not cause any harm to any party. The Court Commissioner's report does not affect the merits of the case.

“Instructions may be given to strictly maintain the sanctity of the premises during the implementation of the Commission.” The court further said, “It may also be directed that no damage be caused to the structure in any manner. The Commission is bound to submit its unbiased report based on the actual condition of that property. “The representatives of the plaintiff and the defendant may accompany the panel of advocates and assist them in bringing the true position of the place before this court.” Earlier, this application was opposed by the Sunni Central Waqf Board.