Krishna Janmabhoomi case: The Supreme Court has refused 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 by a court-monitored three-member team of advocate commissioners.
The apex court refused to stay the order of appointment of commission for the survey of Shahi Idgah saying it will not stay anything.
It said that the let the Allahabad High Court hear the matter on December 18 on the modalities of the survey. If any adverse order comes then they can approach it.
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 order on the Krishna Janmabhoomi-Shahi Idgah issue is the second temple-mosque dispute in which the high court has given its nod to a survey over the past months.
The Archeological Survey of India (ASI) recently completed a survey of the Gyanvapi mosque next to Varanasi’s Kashi Vishwanath temple, but has sought more time from a local court to submit its report. While arguing their case for a survey, the Mathura petitioners cited the Varanasi case as well.
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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