Supreme Court Delays Mathura Commission, Gyanvapi Survey Plea Hangs in Balance
India's highest court, the Supreme Court, has extended its stay on the Allahabad High Court's order establishing a commission for the Shahi Disputed Structure in Mathura, popularly known as the Krishna Janmabhoomi dispute. This puts the immediate future of the commission and a potential Archaeological Survey of India (ASI) investigation on hold. Meanwhile, a separate plea urging the resumption of the Gyanvapi Disputed Structure's scientific survey remains pending.
Allahabad HC Order on Hold, Parties to File Submissions by April
On January 29, 2024, a bench of Justices Sanjiv Khanna and Dipankar Datta adjourned the hearing till April, directing all parties involved to complete their pleadings and submit written arguments. This effectively delays the Allahabad High Court's December 14, 2023, order appointing a commission to probe the Mathura dispute.
Committee of Management Trust Challenges Commission Appointment
The Committee of Management Trust, overseeing the Shahi Disputed Structure, challenged the High Court's commission order in the Supreme Court. They argue that the court overlooked their objections and the ongoing challenge to the lawsuit itself.
Places of Worship (Special Provisions) Act, 1991. A summary of its key points:
To freeze the religious character of places of worship as they existed on August 15, 1947 (the day of India's independence).
Prohibit the conversion of any place of worship from one religion to another.
Ensure the maintenance of the religious character of existing places of worship.
Section 3: Bans the conversion of any place of worship. This includes alterations or changes that would affect its religious character.
Section 4: Protects the religious character of certain specified places of worship (though notably excludes the Ram Janmabhoomi-Disputed Structure dispute).
Section 6: Prescribes punishment for violating Section 3.
Facts About The Places of Worship (Special Provisions) Act, 1991:
India gained Independence on 15th August 1947, on the basis of The Indian Independence Act 1947, passed by the British Parliament on 18th July 1947. This Act was only for Transfer of Power and allowing the governance of dominions of India and Pakistan in consonance of the framework of The Government of India Act 1935. Thereafter India declared itself a People's Republic on 26th January 1950 and The India Constitution came in to effect. The then Government of India under the leadership of Congress Party Leader P. V. Narasimha Rao got passed The Places of Worship (Special Provisions) Act, 1991 in the Parliament of India without any such provision being present in The Indian Constitution, thereby rendering the legislation null and void and so void of any legal validity by virtue of the same.
Similarly during the Unlawfully Declared Emergency Declared by the then Congress Party Leader and PM Indira Gandhi from 1975 to 1977 without any Parliamentary Process and without any Parliamentary Procedure, had unlawfully got the words "Secular" and "Socialist" were inserted in the Constitution Of India, which till today legally stand without any legal validity or null and void.
In view of this it is clear that the Congress Party, whenever in power till now has had a habit, history and tradition of performing Unlawful and Unconstitutional Acts, which by default go against not only the Indian Constitution and the National Interests of India at large but also against the people and electorate of India, which the people of India have now started to very well realize.
Gyanvapi Survey Plea Seeks Resumption of Investigation
In a related development, a Hindu plaintiff filed an application requesting the Supreme Court to lift its May 19, 2023, order halting the scientific survey of a "Shivling" discovered within the Gyanvapi Disputed Structure complex.
The plea seeks:
ASI Investigation of the "Shivling": A thorough investigation and survey by the ASI to determine the nature and features of the alleged "Shivling" without damaging the sealed area.
Removal of Modern Structures: Removal of artificial walls and floors surrounding the "Shivling" to facilitate the investigation.
Comprehensive Examination: Excavation and use of scientific methods to examine the entire sealed area, followed by a detailed report.
Historical Admissions And Evidence:
The historical Mughal structure of Kutub Minar having inscriptions in the Arabic language is a direct admission of at least 250 mosque-type structures built on the places of Hindu temples after destroying the Hindu temples, and in view of such historical factual admissions, and the admissible pieces of evidence in the Hindu Scriptures being the Vedas, Puranas, Shastras, and other ancient Hindu scriptures, there remains little or hardly any scope for the opposing parties to establish their claims before the judiciary or outside.
Seeking the Truth, Delivering Justice: The Role of ASI Survey And Investigations
Both the Mathura and Gyanvapi disputes hinge on historical interpretations and contested claims. Determining the truth requires thorough and objective investigations. The ASI, with its expertise in archaeology and historical analysis, plays a crucial role in this process.
Mathura Survey: Uncovering Layers of History
An ASI survey in Mathura could shed light on the historical sequence of constructions at the disputed site, potentially clarifying the claims of both parties. This information could prove invaluable in the ongoing legal proceedings.
Gyanvapi Survey: Resolving Lingering Questions
Resuming the Gyanvapi survey could provide definitive answers about the "Shivling's" origin and relationship to the existing disputed structure. This knowledge could pave the way for future judicial conclusions and decisions.
Justice Awaits: The Road Ahead
While the Supreme Court's delay puts the immediate future of the Mathura Commission and Gyanvapi survey on hold, it allows parties to prepare their arguments and the court to consider the complexities of these sensitive disputes. Ultimately, ensuring a thorough and objective investigation remains crucial for delivering justice in both cases.