Shri Krishna Janmabhoomi vs Shahi Idgah Issue: Allahabad HC Adjourns Hearing Till 9 Jan

The Allahabad High Court on Monday adjourned the hearing on the issue of modalities and composition of the commission that will survey the Shahi Eidgah premises adjoining the Krishna Janmabhoomi temple in Mathura.

The hearing was put off on the request of the Muslim side which informed the court that they have filed a Special Leave Petition before the Supreme Court against the order on the survey commissioner and the apex court has fixed January 9, 2024 for hearing the matter.

Last Thursday, the high court agreed to the appointment of an advocate-commissioner to oversee the survey of the mosque, which the petitioners claim holds signs suggesting that it was once a Hindu temple.

Justice Mayank Kumar Jain, while hearing a suit filed in the name of the deity – Bhagwan Shrikrishna Virajman at Katra Keshav Dev – and seven others, had allowed the application for the commission survey.

A day later, the Supreme Court refused to stay the Allahabad High Court’s decision allowing the court-monitored survey of the Shahi Idgah on an oral plea by the Muslim side and asked them to challenge the order by way of an appeal.

The Allahabad High Court has given its nod for a comprehensive survey of the Shahi Idgah complex in Mathura, marking a significant step in the Shri Krishna Janambhoomi case. This decision aligns with the approach taken in examining the Gyanvapi Temple in Varanasi.

An advocate commissioner was appointed by the court on Thursday to oversee the initial stages of the survey of the Shahi Idgah complex.

Vishnu Shankar Jain, representing the Hindu side, expressed contentment with the court’s ruling. He highlighted, “The Allahabad High Court’s acceptance of our plea for a survey of Shahi Idgah Masjid by an advocate commissioner is noteworthy. The court dismissing Shahi Idgah Masjid’s contentions holds significance. I argued that the Shahi Idgah Masjid displays distinct signs and symbols of a Hindu temple, necessitating an advocate commissioner to ascertain the factual context. This ruling stands as a landmark judgment by the court.”

Earlier, on November 16, the Allahabad High Court had reserved its decision on the Hindu side’s request for a court-appointed advocate commissioner. The petitioners contended that the disputed land was an integral part of Shri Krishnajanmbhoomi and served as a Hindu place of worship. They claimed that the Shahi Eidgah Mosque was built on temple grounds during Aurangzeb’s reign.

On May 26, the Allahabad High Court had consolidated all pending suits related to the Sri Krishna Janmabhoomi-Shahi Eidgah Mosque dispute from the Mathura Court.

The Supreme Court, on November 10, scheduled further hearings for the Mathura Krishna Janambhoomi land dispute on January 9, 2024. Justices Sanjay Kishan Kaul and Sudhanshu Dhulia set this date, emphasizing the necessity for concise submissions from both sides.

The Committee of Management Trust Shahi Masjid Idgah appealed to the Supreme Court, contesting the Allahabad High Court’s decision to transfer all petitions concerning Mathura’s Krishna Janambhoomi land dispute from the District Court Mathura to itself.

Nine cases concerning the Shri Krishna Janmabhoomi and Shahi Idgah Masjid have been filed in the Mathura Court. Among these, Ranjana Agnihotri from Lucknow filed a lawsuit claiming ownership of the 13.37 acres of land linked to Shri Krishna Janmabhoomi. Agnihotri’s legal action aims to remove the Shahi Idgah mosque, purportedly built in 1669-70 under Aurangzeb’s orders, situated on the premises of the 13.37-acre Katra Keshav Dev temple, adjacent to Lord Krishna’s birthplace.