Today, On 4th September, The Muslim community appealed to the Supreme Court against a High Court ruling that upheld the maintainability of lawsuits concerning the Shahi Idgah mosque dispute. The case involves legal challenges over the ownership and status of the mosque, which shares proximity with the Krishna Janmabhoomi temple in Mathura.
New Delhi: The Muslim side approached the Supreme Court against an Allahabad High Court ruling that dismissed their challenge to the maintainability of 18 cases linked to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura.
The petition contesting the High Court’s August 1 order has been submitted to the Supreme Court by the mosque management committee, represented by advocate RHA Sikander.
Advocate Sikander stated that the plea is expected to be heard by the Supreme Court next week.
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The Allahabad High Court, in its August 1 ruling, rejected the Muslim side’s plea challenging the maintainability of 18 cases concerning the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura. The court emphasized that the “religious character” of the Shahi Idgah must be determined.
The High Court also dismissed the argument that the suits filed by Hindu parties, related to the dispute over the Krishna Janmabhoomi temple and the adjacent mosque, violated the Places of Worship (Special Provisions) Act, and were therefore non-maintainable.
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 for this agreement now, and even in the worst-case scenario where the mosque was built after 1968, 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.
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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.
The legal battle over the land occupied by the Krishna Janmasthan Temple and the Shahi Idgah Mosque continues as the High Court recently reserved its judgment concerning the maintainability of the lawsuits filed in this dispute. The court’s upcoming decision will set the stage for the next phase of legal proceedings, potentially influencing future negotiations and resolutions between the conflicting parties.