Allahabad High Court Reserves Verdict In PIL Seeking Removal Of Mathura's Idgah Mosque, ASI Excavation Of Premises

The Allahabad High Court on Monday reserved its verdict on a Public Interest Litigation (PIL) plea seeking recognition of Mathura's Shahi Idgah Mosque site as Krishna Janam Bhoomi.

This PIL plea, moved by Advocate Mahek Maheshwari in 2020, was earlier dismissed in default in January 2021, however, the same was restored in March 2022.

On Monday, having heard the party in person-Maheshwari, the bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava reserved its verdict.

Before the Court, the petitioner submitted that various historical texts have recorded that the site in question was in fact Krishna Janam Bhumi and even the history of Mathura dates back to Ramayana Kaal and Islam came just 1500 years ago.

He also submitted that it is not a proper mosque as per Islamic jurisprudence as a mosque can't be built on forcibly acquired land and as per Hindu jurisprudence, a temple is a temple even if it is in ruins.

The background of the plea

It may be noted that the PIL plea prays that the temple land should be handed over to the Hindus and a proper trust for Krishna Janmabhoomi Janmasthan be formed, for building a temple on the said land.

In the interim, the plea seeks permission for Hindus to worship at the Masjid on certain days in a week and on Janmasthmi days, till the disposal of the petition.

The plea also submits that Lord Krishna was born in karagar of King Kans and the place of his birth lies beneath the present structure raised by the Shahi Idgah Trust.

It is stated that in 1968, the Society Shree Krishna Janamasthan Seva Sangh entered into a compromise with the Committee of Management of Trust Masjid Idgah, conceding a considerable portion of property belonging to the deity to the latter.

Disputing the legality of this compromise, the Petitioner has submitted:

"The committee of Management of Trust Masjid Idgah entered into illegal compromise on 12.10.1968 (Twelve Ten Nineteen Sixty-Eight) with the Society Shree Krishna Janamasthan Seva Sangh and both have played fraud upon the Court, the plaintiff Deities and devotees with a view to capture and grab the property in question. In fact, Shree Krishna Janmbhoomi Trust is non-functional since 1958."

He added, "even on the Government official website of Mathura District it is stated that Shahi idgah mosque is built after the demolition of Krishna Janmabhoomi by Aurangzeb."

The petitioner has further claimed that the existence of Carved pillars and antiquities below the courtyard of the Shahi Idgah Mosque was reported by certain workers.

Against this backdrop, a prayer is made for Court-monitored GPRS-based excavation by the Archaeological Survey of India (ASI) of the disputed structure, allegedly built over Krishna Janma Sthan.

It is contended that Masjid is not an essential part of Islam and hence, the disputed land should be handed over to the Hindus for the exercise of their right to freely profess, practice, and propagate religion under Article 25 of the Constitution.

The plea also urges the court to strike down Sections 2,3, and 4 of the Places of Worship Act, 1991, as unconstitutional. It is stated that the impugned provisions abolish the pending suit/ proceedings in which the cause of action had arisen prior to August 15, 1947, and thus, the remedy available to the aggrieved person through the Court has been denied.

"That the above-mentioned sections of Places of worship Act 1991 are violative of articles 14, 25 & 26 of the Constitution of India. As these provisions are arbitrary, denies justice so to be declared Unconstitutional," the plea states.

It is also submitted that provisions violate the doctrine of Hindu law that Temple property is never lost even if enjoyed by strangers for years and even the king cannot take away property as a deity is the embodiment of God and is a juristic person, represents 'Infinite- the timeless' and cannot be confined by the boundaries of time.

In related news, last month, the Shri Krishna Janmabhoomi Mukti Nirman Trust moved the Supreme Court praying for a scientific survey of Shahi Eidgah Masjid premises, which is claimed to be built over Krishna Janmabhoomi.

This development came a month after the Allahabad High Court dismissed the writ petition filed by the trust seeking a direction to a local court to decide an application for a scientific survey of the premises of the mosque in Uttar Pradesh's Mathura.

In May, the Allahabad High Court transferred to itself all the suits pending before the Mathura court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, allowing the transfer application filed by Bhagwan Shrikrishna Virajman and seven others. In the operative part of its order, a single-judge bench of Justice observed:

Case title - Mehek Maheshwari v. Union of India and Others