The Allahabad High Court scheduled a hearing on April 4 to consider the maintainability of a legal plea demanding the removal of the Shahi Idgah Mosque, purportedly encroaching on the land of the sacred Krishna Janmabhoomi site in Mathura.
Prayagraj (UP): On Monday (April 1): The Allahabad High Court scheduled a hearing for April 4 to determine the maintainability of a lawsuit seeking the “removal” of the Shahi Idgah mosque in Mathura, which is located next to the Krishna Janmasthan temple.
READ ALSO: Allahabad High Court Revisits Krishna Janmabhumi-Shahi Idgah Mosque Dispute
The petition alleges that the mosque was constructed on a 13.37-acre plot of land belonging to the Katra Keshav Deo temple.
Background
The Management Trust of Shahi Masjid Idgah in Mathura argued in court that the lawsuits demanding the mosque’s removal are not legally valid, pointing to laws that protect the mosque. Advocate Tasneem Ahmadi, stated that the mosque has been acknowledged as existing since before 1968, challenging the grounds of the plaintiffs’ claims.
The matter followed a 1968 agreement between the Shree Krishna Janmasthan Seva Sangh and the mosque’s management, which settled the land dispute between them. Advocate Ahmadi mentioned that it’s too late to dispute this agreement now, and even in the worst-case scenario where the mosque was built after 1968, legal time limits would prevent the lawsuit from proceeding.
The lawsuit also revisits historical claims that the Mughal emperor Aurangzeb destroyed a temple to build the mosque in 1669. Ahmadi argues that this point itself proves the mosque’s existence beyond that date, limiting legal action due to time constraints.
Furthermore, the legal challenge includes debates over the Places of Worship Act, with some plaintiffs arguing against its constitutionality. However, Ahmadi maintains that constitutional issues cannot be introduced in private legal disputes and that only those who possess property can seek legal protection for it.
As the court postpones further discussions, the legal and historical complexities of the dispute between Krishna Janmabhumi and Shahi Eidgah Mosque are becoming more evident.
Justice Mayank Kumar Jain, after considering the arguments, has fixed the next hearing date for April 4.
During the proceedings, Taslima Aziz Ahmadi, the counsel representing the Muslim Community, presented her arguments via video conference, claiming that the suit is time-barred.
On Monday, the Muslim side concluded their arguments regarding the maintainability of the suit.
They further asserted that the suit was filed to obtain possession of the land after the “removal” of the Shahi Idgah mosque and to restore the Katra Keshav Deo temple, as well as to seek a permanent injunction.
The plea in the suit acknowledges the existence of the mosque structure and states that the committee of management is currently in possession of it.
“In this manner, a question/dispute has been raised regarding Waqf property, and therefore, the provisions of the Waqf Act will apply. Consequently, the jurisdiction to hear this matter lies with the Waqf tribunal, not a civil court,”
argued Ahmadi.After hearing her submissions, the court instructed her to conclude her arguments during the next hearing.
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