The Allahabad High Court has rejected a plea from the Shahi Idgah Masjid contesting the maintainability of fifteen petitions that the Hindu petitioners and the Krishna Janmabhoomi deity from Mathura, Uttar Pradesh, filed. Justice Mayank Kumar Jain’s bench accepted all fifteen suits. This decision is regarded as historic and may have ramifications for other ongoing lawsuits.
The High Court reopened hearing on this case last month in an unexpected move after the attorney for the Shahi Idgah mosque moved an application asking to be heard in the matter and begged for video recordings. This is the order that was made today. Hindu plaintiffs had also been heard by the court.
However, after arguments concluded and the court reserved its order the application was filed on behalf of the management committee of the mosque, with the prayers to “issue appropriate directions to ensure that the right of an audience through video conferencing…”
The court noted the counsel had been present through video conferencing on several occasions and in person before the court. He had ample opportunity to argue the matter, it said.
However, keeping in view the principle of transparency, the court accepted the request.
The Shahi Idgah Intezamia Committee had challenged maintainability of the petitions, including one filed by Bhagwan Shrikrishna Virajman at the Katra Keshav Dev temple, which claims the mosque is built on 13.37 acres of land that belongs to the temple and sought its removal.
The Hindu side claims the land is the birthplace of the Lord Krishna.
The petitioners claim as evidence some lotus carvings on the mosque, as well as shapes supposedly resembling the ‘sheshnag’ or the snake demigod in Hindu mythology. These are proof that the mosque was built over a temple, they argue.
The Muslim side had earlier sought to dismiss these petitions by citing the Places of Worship Act of 1991, which maintains the religious status of any place as it was on August 15, 1947.
In 1968, an agreement was signed between the Shri Krishna Janmasthan Seva Sansthan and the Shahi Masjid Idgah Trust, under which 10.9 acres of land was given for the Krishna Janmabhoomi and the remaining 2.5 acres of land to the mosque.
In December last year the Supreme Court declined to stay a High Court order approving a “scientific survey” of the disputed land. However, in January the top court paused the order.
This was after the High Court appointed a commissioner to carry out the survey. The top court, though, said the purpose of appointing the commissioner was “vague”.
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Source: NDTV