Allahabad HC approves survey of Shahi Idgah Masjid complex in Shri Krishna Janmabhoomi case

PRAYAGRAJ: The Allahabad High Court has given a key decision in the ongoing Shri Krishna Janmabhoomi case, after it approved the conduct of a scientific survey on the Shahi Idgah complex at Mathura. The survey will be conducted in the same manner in which it has been done at the Gyanvapi Temple in Varanasi.

The court on Thursday appointed an advocate commissioner and gave in-principle approval for surveying the Shahi Idgah complex. The modalities of the commission of advocates for the survey will be decided on December 18.

“Allahabad HC 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. The court has rejected the arguments of Shahi Idgah Masjid. My demand was 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. It’s a landmark judgement by the court”, said Vishnu Shankar Jain, the lawyer for the Hindu side.

#WATCH | On Krishna Janmabhoomi case, Vishnu Shankar Jain, the lawyer for the Hindu side says, "Allahabad HC has allowed our application where we had demanded survey of (Shahi Idgah Masjid) by advocate commissioner. The modalities will be decided on Dec 18. The court has rejected… pic.twitter.com/OLSeYYSe50

— ANI (@ANI) December 14, 2023

Earlier 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. The petitioners had sought the survey of the masjid contending that the land was part of the Shri Krishna Janmbhoomi and as such a place of worship for the Hindus. It has also been claimed that Shahi Idgah mosque was built on temple land during the reign of Mughal emperor Aurangzeb.

The Allahabad High Court, on May 26, had transferred to itself all the suits pending before the Mathura court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah mosque dispute.

On November 10, the Supreme Court listed the matter relating to Mathura’s Krishna Janambhoomi land dispute for further hearing on January 9, 2024. A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia listed the matter for January 9. The court said that it appears that the matter will have to be heard and asked both parties to file a short synopsis.

The Committee of Management Trust Shahi Masjid Idgah had filed an appeal in the top court challenging the Allahabad High Court order, which transferred to itself all the petitions relating to Mathura’s Krishna Janmabhoomi land dispute from the Mathura district court.

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. So far, nine cases have been filed in Mathura Court in the cases of Shri Krishna Janmabhoomi and Shahi Idgah Masjid.

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.

The 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 in the 13.37-acre premises of Katra Keshav Dev temple, near the birthplace of Lord Krishna. (ANI)