Krishna Janmabhumi Dispute | Allahabad HC Reserves Verdict On Plea To Appoint Commission To Inspect Mathura’s Shahi Idagh Mosque

For context, the application under Order 26 Rule 9 CPC (for appointment of the commission) was filed recently by the deity (Bhagwan Shri Krishna Virajman) and 7 others through advocates Hari Shankar Jain, Vishnu Shankar Jain, Prabhash Pandey and Devki Nandan in an original suit pending in the HC.

A bench of Justice Mayank Kumar Jain reserved its verdict after hearing the counsels for the plaintiffs on their application for appointment of a Commission and the counsels for the defendants, who submitted that their application under Order 7 Rule 11 (D) [for rejection of the plaint in the original suit] should be decided first.

It may be noted that the original suit, presently pending in the HC concerning the Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, emanated from a May 2023 order of the Allahabad High Court transferring to itself all the suits pending before the Mathura Court praying for various reliefs on the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.

In the suit, inter alia, a declaration has been sought that the land in dispute (including the area where Shahi Idgah Mosque is situated) vests in the deity Lord Shree Krishna Virajman and it further seeks a direction to the defendants (including UP Sunni U.P. Sunni Central Waqf Board) to remove the Mosque in question.

In the application of the plaintiffs for the appointment of a commission, it has been claimed 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 has further submitted 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.

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

Apart from reserving this verdict over the issue of appointment of a commission, the HC, on Thursday (November 16), transferred to itself two new suits filed before the Court of District Judge, Mathura.

The Court further directed the District Judge to ensure that intimation to the parties to the suit is given about the transfer of these two civil suits from Mathura to this Court and that such information be submitted separately at an early date.

The Court has also inquired from the District Judge, Mathura as to whether any other matter, apart from these cases, of a similar nature involving the subject matter is filed/ pending in any Court in Mathura Judgeship.

The Court also took on record the Application filed under Order 7 Rule 11 (D) read with Section 151 CPC on behalf of defendant no.1 & 2 to reject the plaint as filed by plaintiffs claiming that the same is not maintainable since it is barred by the law.