In a significant ruling on Krishna Janmabhoomi case, the Allahabad High Court dismissed a petition from the Muslim community on 1 August 2024 that challenged the validity of 18 lawsuits filed by Hindus seeking the removal of a mosque located within a 13.37-acre complex shared with the Katra Keshav Dev temple.
The court ruled that all 18 lawsuits were valid, allowing them to proceed based on their merits. These lawsuits were not barred by the Limitation Act or the Places of Worship Act, among others, the court said.
This ruling counters the main argument of the Committee of Management Trust Shahi Masjid Idgah (Mathura). The argument said the ongoing lawsuits were prohibited under the Places of Worship Act of 1991, the Limitation Act of 1963, and the Specific Relief Act of 1963.
Waqf Board provisions
Taslima Aziz Ahmadi, representing the Muslim side, argued that the provisions of the Waqf Board should apply and that the Waqf tribunal has jurisdiction over the matter.
In response, the Hindu plaintiffs contended that no property registered as Shah Idgah was in government records. They further argued if it were a Waqf property, the Waqf Board should reveal the identity of the property’s donor.
Justice Mayank Kumar Jain announced the ruling about two months after the bench reserved its decision on 6 June 2024. The next hearing is on 12 August 2024.
Dispute Background
The controversy centres around the Shahi Eidgah mosque in Mathura. Mughal emperor Aurangzeb reportedly constructed it after he demolished a temple at the birthplace of Lord Krishna there.
In 1968, Shri Krishna Janmasthan Seva Sansthan, which manages the temple, and the Trust Shahi Masjid Eidgah, reached a ‘compromise agreement’ permitting both places of worship to coexist. However, at least a dozen parties went to court in the last 5 years, questioning this agreement.
The litigants argue that the compromise agreement is fraudulent and legally invalid. Many assert their right to worship at the contested site and are demanding the removal of the Shahi Eidgah mosque.
In May of last year, the Allahabad High Court assumed jurisdiction over all pending cases in the Mathura court related to the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, granting the transfer application submitted by Bhagwan Shrikrishna Virajman and seven others.
(With inputs from Live Law)
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