A big decision has come in the Krishna Janmabhoomi-Shahi Idgah Mosque dispute in Mathura. The Allahabad High Court today dismissed the petition of Shahi Idgah Mosque challenging the admissibility of 18 cases filed by Hindu parties. With this decision, the way has been cleared for hearing all 18 cases on their merits. A bench of Justice Mayank Kumar Jain has found all 18 cases to be admissible.
First, know what the High Court said today?
A single judge of Justice Mayank Kumar Jain had reserved his decision on June 6 after hearing the petition of the Shahi Idgah Mosque Committee. The petition questioned the admissibility of 18 cases filed by Hindu parties. On Thursday, the court gave an important verdict and rejected the argument of the Muslim side. On Thursday, the court said in an important decision that the suits of Hindu parties are not barred under the Limitation Act or Places of Worship Act, etc.
With this, the court rejected the primary argument put forward by the Managing Trust Shahi Masjid Idgah (Mathura) Committee. The committee argued that the cases pending before the High Court are barred under the Places of Worship Act 1991, Limitation Act 1963, and Specific Relief Act 1963.
What arguments did both parties put forward in the court?
The single judge had started hearing the objections of the mosque committee in February this year. Before the court, the Muslim side mainly argued that in most of the cases pending before the High Court, the plaintiffs are seeking the right to ownership of the land. This demand was the subject of an agreement between the Shri Krishna Janmasthan Seva Sangh and the management of Shahi Masjid Idgah in 1968. The disputed land was divided in the 1968 agreement and both groups were asked to stay away from each other's areas within the 13.37-acre complex. The Muslim side, however, argued that the suits are specifically barred by several laws including the Places of Worship Act, 1991.
On the other hand, the Hindu parties argued that no property in the name of Shahi Idgah is in government records and it is illegally occupied. They also argued that if the property is a Wakf property, the Wakf Board should disclose who has donated the disputed property. They also argued that the Places of Worship Act, Limitation Act, and Wakf Act are not applicable in this case.
The original suits filed in the court sought, among other things, the removal of Shahi Idgah. Challenging the admissibility of these suits, the Muslim side argued that the plaintiff had admitted the 1968 agreement in the suit. The plaintiff has also admitted the fact that the possession of the land, where the Idgah is built, is under the control of the mosque management and hence the suit would be barred by the Limitation Act as well as the Places of Worship Act. This is because the plants also admit the fact that the mosque in question was built in 1669-70.
On the other hand, the Hindu side argued that encroaching upon any property, changing its nature, and converting it into a Waqf property without ownership is the nature of Waqf and such a practice cannot be allowed. They also argued that the provisions of the Waqf Act would not apply in this case as the disputed property is not a Waqf property. It was also argued that the provisions of the Ancient Monuments Preservation Act 1958 apply to the entire part of the disputed property. Its notification was issued on 26 February 1920 and now the provisions of Waqf will not apply to this property.
How old is the dispute?
The Shahi Idgah Mosque is adjacent to the Sri Krishna Janmabhoomi temple complex in Mathura city. On October 12, 1968, the Sri Krishna Janmasthan Seva Sansthan agreed with the Shahi Masjid Idgah Trust. The agreement talks about the construction of both the temple and the mosque on 13.37 acres of land.
The entire dispute is about this 13.37 acres of land. Out of this land, 10.9 acres of land is near Shri Krishna Janmasthan and 2.5 acres of land is near Shahi Idgah Mosque. In this agreement, the Muslim side left some of its possessions for the temple, and the Muslim side was given some land nearby in return. Now the Hindu side is demanding possession of the entire 13.37 acres of land.
What does history say?
It is said that Aurangzeb destroyed the ancient Keshavnath temple built on the birthplace of Shri Krishna and built the Shahi Idgah Mosque at the same place in 1669-70. In 1770, there was a war between the Mughals and the Marathas in Govardhan. The Marathas won in it. After the victory, the Marathas built the temple again. In 1935, the Allahabad High Court allotted 13.37 acres of land to Raja Krishna Das of Banaras. In 1951, Shri Krishna Janmabhoomi Trust acquired this land.
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