Mathura Janmabhumi Dispute | 'Lord Krishna's Birthplace Lies Beneath Idgah Mosque, Appoint Commission To Inspect It': Plea In Allahabad HC

In a significant development in the pending suit before the Allahabad High Court concerning Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, an application has been moved in the HC seeking the appointment of a court commissioner to inspect the Mosque.

Taking the application on record, a bench of Justice Mayank Kumar Jain, on November 7 gave liberty to the defendants (including the UP Sunni Central Waqf Board) to file its objections to the same.

The application filed under Order 26 Rule 9 CPC has been filed by the deity (Bhagwan Shri Krishna Virajman) and 7 others through advocates Hari Shankar Jain, Vishnu Shankar Jain, Prabhash Pandey and Devki Nandan, claiming that Lord Sri Krishna's birthplace lies beneath the Mosque and that there are many signs which establish that the Mosque is a Hindu temple.

The application further submits that there exists a lotus-shaped pillar which is a classic characteristic of Hindu temples and an image of Sheshnaag, one of the Hindu deities who protected Lord Krishna on the night of his birth, is also present there. The application also adds that at the base of the pillar of the Mosque, Hindu religious symbols and engravings are also visible.

Against this backdrop, the application prays the Allahabad High Court to appoint a Commission consisting of three advocates with specific directions to them to submit its report. A further direction has been sought for photography and videography of the entire proceedings. 

It may be noted that this application has been filed while advancing the argument that the factual aspects of the disputed structure have to be brought before the court for proper adjudication of the dispute as without the actual factual position of the disputed areas, the effective adjudication of the case is not possible.

For context, the application in question has been moved in a pending original suit pending in the HC, inter alia, seeking a declaration that the land in dispute (including the area where Shahi Idgah Mosque is situated) vests in the deity Lord Shree Krishna Virajman and to direct the defendants (including UP Sunni U.P. Sunni Central Waqf Board) to remove the Mosque.

In the suit, it has also been claimed that Mathura's Shahi Idgah mosque was built under the orders of Emperor Aurangzeb, adjacent to the Krishna Janmabhumi, the place which is believed to be the place where Lord Krishna was born, after demolishing a Hindu temple.

In related news, the Supreme Court is presently hearing a special leave petition filed by the mosque committee challenging a May 2023 order of the Allahabad High Court transferring to itself a clutch of suits over the ongoing land dispute.

Recently, the high court dismissed a public interest litigation (PIL) seeking the recognition of the disputed site as Krishna Janmabhoomi and the removal of the mosque after noting that several suits for declaration, injunction and the right to worship at the site as well as for removal of the structure was already pending before it.