Krishna Janmabhoomi-Shahi Idgah Dispute: Allahabad HC Reserves Verdict on Maintainability of Suits

The Allahabad High Court has reserved its verdict on a petition challenging the maintainability of suits filed regarding the Krishna Janmabhoomi-Shahi Idgah mosque dispute in Mathura.

Several suits have been initiated seeking the “removal” of the Shahi Idgah mosque, which stands next to the Krishna Janmabhoomi temple. The litigants claim that the mosque, dating back to the Aurangazeb era, was constructed after the temple’s demolition.

Mosque Management

Challenging these suits, the mosque management committee has filed a petition. The Muslim side, comprising the mosque management committee and UP Sunni Central Waqf Board, argues that the suits are barred under the Places of Worship Act, 1991.

As per the Muslim side, the suits themselves acknowledge that the mosque in question was erected in 1669-70.

Hindu Side’s Plea

The suits filed by the Hindu side share a common plea for the “removal” of the Shahi Idgah mosque from the 13.37-acre complex it shares with the Katra Keshav Dev temple in Mathura. Additional prayers include seeking possession of the Shahi Idgah premises.

The high court, on May 31, reserved its judgment after extensive hearings from both the Hindu side (plaintiff) and the Muslim side (defendant). However, the court reopened the hearing upon the request of Shahi Idgah counsel Mehmood Pracha.

Representing the mosque, Pracha stated that the arguments on the application under Order 7 Rule 11 of the Civil Procedure Code (CPC), presented on behalf of the defendant-the Muslim side had been concluded by Taslima Aziz Ahmadi, hence, the hearing on the application stands concluded.

Pracha’s second submission was to safeguard his right to an audience and to have the further court proceedings videographed.

His third submission was that, since the subject matter of the suit lies between the plaintiffs and the defendants, there is no provision for the court to appoint any person or lawyer as amicus curiae.

The court accepted Pracha’s first request and reserved its judgment on the issue of the suit’s maintainability.

However, regarding the other two requests, the court stated that these issues would be addressed after the order on the suit’s maintainability is pronounced.

The high court has appointed senior advocate Manish Goyal as amicus curiae in the matter.

The Hindu plaintiffs also contended that no property in the name of Shahi Idgah is recorded in government records and that the premises have been illegally occupied.

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