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The Allahabad High Court will give its verdict on the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute in Mathura today on Thursday. After the completion of the hearing on June 6, the High Court had reserved the decision. The court will pronounce its verdict on a total of 15 petitions related to Sri Krishna Janmabhoomi and Shahi Idgah. The Hindu side and the Muslim side had filed an application in the court. The petitions filed by the Hindu side claimed that the mosque has been constructed on 13.37 acres of land of Katra Keshav Dev temple and they demanded the right to worship there. At the same time, the Muslim side cited the Places of Worship Act, Waqf Act, Limitation Act, Specific Possession Relief Act.
On December 14, 2023, the Allahabad High Court accepted the petition seeking the formation of an advocate commission to conduct a survey of the Shahi Idgah Mosque complex adjacent to the Sri Krishna Janmabhoomi temple in Mathura under the supervision of the court. This order of the Allahabad High Court was challenged by the Muslim side in the Supreme Court. On the petition of the Muslim side, the Supreme Court had stayed the order of the Allahabad High Court on 17 January 2024 to constitute an Advocate Commission. But the Supreme Court had made it clear that the hearing in the dispute including the stability of the case under Order 7 Rule 11 of the CPC will continue before the Allahabad High Court.
After the Supreme Court’s stay order, the Hindu side also filed an application seeking revenue survey in the Allahabad High Court. In May 2023, the Allahabad High Court transferred all the cases related to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute from the Mathura Court to itself.
This dispute is related to the Shahi Idgah Mosque of the time of Mughal emperor Aurangzeb, which was built after allegedly demolishing the temple built at the birthplace of Lord Krishna.
What is the argument of the Muslim side?
Before the court, the committee of the management trust Shahi Masjid Idgah (Mathura) mainly argued that the cases pending before the places of worship are barred by the HC Act 1991, Delimitation Act 1963 and Specific Relief Act 1963. Appearing on behalf of the mosque committee, advocate Tasneem Ahmadi argued that in most of the cases pending before the High Court, the plaintiffs are demanding ownership rights of the land, which was the subject of an agreement between the Sri Krishna Janmasthan Seva Sangh and Shahi Masjid Idgah Management in 1968. The disputed land was divided between the two and both the parties were asked to stay away from each other’s areas (within the 13.37 acre complex).
The Muslim side also argued that the case is not admissible even under the Places of Worship Act 1991. The identity and nature of the religious place will remain the same as it was on 15 August 1947. Its nature cannot change. This matter should also be looked into under the Limitation Act and Waqf Act. This dispute should be heard in the Waqf Tribunal. It is not going to be heard in the civil court.
What is the argument of the Hindu side?
On the other hand, the Hindu plaintiff argued that there is no property in the name of Shahi Idgah in government records and it has been illegally occupied. He also argued that if the said property is a Waqf property, then the Waqf Board should tell who donated the disputed property. He also said that the Puja Act, Delimitation Act and Waqf Act do not apply in this case.
The Hindu side also argued that the entire area of 2.5 crore of Idgah is the sanctum sanctorum of Lord Shri Krishna Virajman. Order 7, Rule 11 of CPC does not apply in this petition.
