The Supreme Court has made a significant ruling, announcing a 10-day suspension on demolitions in the vicinity of Krishna Janmabhoomi in Mathura.
This decision aims to temporally halt any destruction or removal of structures near the sacred site.
Opening: The Supreme Court has issued an interim order directing the maintenance of status quo regarding a demolition drive carried out by railway authorities in a settlement near Krishna Janmabhoomi in Mathura, Uttar Pradesh. The order was passed by a three-judge bench comprising Justice Aniruddha Bose, Justice Sanjay Kumar, and Justice S.V. N. Bhatti. The court granted this relief after considering the argument put forth by Senior Advocate Prashanto Chandra Sen, who highlighted the potential consequences if the demolition drive were to continue.
Background:
On August 9, the government initiated a demolition drive in Mathura, demolishing around 135 houses in the Nai Basti settlement, located along the railway track in the vicinity of Krishna Janmabhoomi. These houses were deemed illegal encroachments on government land. The railway authorities justified the move by citing plans to convert the 21 km stretch from Mathura to Vrindavan from narrow to broad gauge, facilitating the operation of trains like Vande Bharat. However, the residents raised objections, and during a three-day respite period, some of them approached a local court seeking a stay on the demolition drive. The matter could not be conclusively decided due to a lawyer strike in Uttar Pradesh.
Court Proceedings:
In response to the urgent hearing sought by local resident Yakub Shah, who filed a writ petition under Article 32, the Supreme Court agreed to list the petition on August 16. Senior Advocate Prashanto Chandra Sen represented the petitioner, assisted by advocates Kaushik Chaudhry, Radha Tarkar, and Aaron Shaw. The bench issued a notice and directed the service to be effected upon the advocate-on-record for the Union of India. It further ordered a status quo to be maintained for a period of ten days regarding the subject premises. The bench also allowed the petitioner to file an additional affidavit. The court hinted that the parties might be referred to the civil court, where suits related to the properties are pending.
Controversy and Communal Tensions:
The Nai Basti settlement is situated near Krishna Janmabhoomi, and multiple suits and petitions are pending in various courts, including the Supreme Court, regarding the ownership of the land on which the adjoining Shahi Eidgah mosque stands. Hindu parties claim that the mosque was constructed by Mughal Emperor Aurangzeb after demolishing Hindu temples. The demand for the removal of the mosque has led to communal tensions in the area. Recently, the Shri Krishna Janmabhoomi Mukti Nirman Trust moved the Supreme Court, seeking a scientific survey of the premises of the Shahi Eidgah mosque.
To sum up:
The Supreme Court’s interim order to maintain status quo for ten days in the Krishna Janmabhoomi demolition case provides temporary relief to the residents of the Nai Basti settlement. The court’s decision to potentially refer the matter to the civil court indicates that a comprehensive resolution may be sought through the legal process. The ongoing dispute over the ownership of the land and the demolition drive has raised communal tensions, emphasizing the need for a peaceful and fair resolution to maintain harmony in the region.