Shri Krishna Janmabhoomi Case: Allahabad HC allows Gyanvapi-like survey of Shahi Idgah mosque in Mathura

The Allahabad High Court allowed the appointment of an advocate commissioner to survey Shahi Idgah mosque in Mathura, Uttar Pradesh, on Thursday. The high court allowed a court-monitored survey of the Shahi Idgah premises adjoining the Sri Krishna Janmabhoomi temple in the city.

In its order, the court agreed to the appointment of an advocate commissioner to oversee the survey of the mosque, which the petitioners claim has artefacts suggesting that it was a Hindu temple once. The court said the modalities of the survey will be discussed at the next hearing on December 18, news agency PTI reported.

The report said the survey will be conducted in the same manner in which it has been done at the Gyanvapi Temple in Varanasi.

Vishnu Shankar Jain, the lawyer for the Hindu side, said, "The Allahabad High Court has allowed our application where we had demanded a survey of (Shahi Idgah Masjid) by the advocate commissioner. The modalities will be decided on December 18." 

Was Shahi Idgah a temple? | Here's what petitioners claim

Jain claimed that in Shahi Idgah Masjid, “there are a lot of signs and symbols of the Hindu temple, and to know the actual position, an advocate commissioner is required”.

On November 16, the Allahabad High Court had reserved its order on the application moved by the Hindu side seeking the appointment of a court-appointed advocate commissioner.

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The petitioners had then sought a survey of the Masjid contending that the land was part of the Shri Krishnajanmabhoomi and as such a place of worship for the Hindus. 

It has also been claimed that Shahi Eidgah Mosque was built on temple land during the reign of Mughal emperor Aurangzeb, PTI reported. Earlier, a suit filed in the Mathura court sought the removal of a mosque said to have been built in 1669-70 on the orders of the Mughal Emperor Aurangzeb on the 13.37-acre premises of Katra Keshav Dev temple, near the birthplace of Lord Krishna.

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What do the petitioners seek?

So far, nine cases related to Shri Krishna Janmabhoomi and Shahi Idgah Masjid have been filed in a Mathura court.

Ranjana Agnihotri, a resident of Lucknow, had filed a suit demanding the ownership of 13.37 acres of land owned by Shri Krishna Janmabhoomi.In her legal suit, Agnihotri demanded the removal of the Shahi Idgah mosque built in Krishna Janmabhoomi.

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What happened so far?

On May 26, the Allahabad High Court transferred to itself all the suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Eidgah Mosque dispute.

The Hindu party had moved the Supreme Court for a scientific survey of the Krishna Janmabhoomi-Shahi Idgah premises on August 14, 2023.

On November 10, the Supreme Court listed the matter relating to Mathura's Krishna Janambhoomi land dispute for further hearing on January 9, 2024.  The court said that it appeared that the matter would have to be heard and asked both parties to file a short synopsis.

The Committee of Management Trust Shahi Masjid Idgah then filed an appeal in the Supreme Court, challenging the Allahabad High Court order, which transferred to itself all the petitions relating to Mathura's Krishna Janmabhoomi land dispute from District Court Mathura.

According to the petition, the transfer application was allowed by the high court despite the fact that the proceedings in the suit from which the transfer emanated were stayed by a Coordinate Bench of the High Court of Judicature at Allahabad vide Order dated August 3, 2022.

The impugned judgement takes away two appellate stages and also transfers other suits to the High Court of Judicature at Allahabad for which no transfer applications were filed.

(With inputs from PTI)