Krishna Janmabhoomi row: Allahabad HC gives green light to Hindu suits against Shahi Idgah Mosque

In a setback to the Muslim side, the Allahabad High Court on Thursday (August 01) dismissed the Shahi Idgah mosque committee's plea challenging the maintainability of 18 suits filed by the deity and Hindu worshippers in the case of Krishna Janmabhoomi-Shahi Eidgah dispute in Mathura, Uttar Pradesh.

Justice Mayank Kumar Jain, who reserved the judgement on June 6, has now ruled in the plaintiff's favour and the court will resume hearing on August 12.

Pronouncing the verdict in open court, Justice Jain while reading the operative part of the judgmentsaid, that the suits of the Hindu worshippers and the deity are not barred under the Limitation Act or Places Of Worship Act, etc.

The Court rejected the primary argument made by the Committee of Management Trust Shahi Masjid Idgah (Mathura) that the suits pending before the high court are barred by the Places of Worship Act 1991, Limitation Act 1963, and Specific Relief Act 1963.

The Hindu plaintiffs had argued that there is no property in Shahi Idgah's name in government records, and the same is occupied illegally. They also argued that if it is a Waqf property, then the Waqf Board should tell who donated the disputed property.

Hindu plaintiffs have filed several lawsuits demanding the demolition of the Shahi Idgah mosque from the 13.37-acre complex it shares with the Katra Keshav Dev temple in Mathura, arguing that the former was constructed on the location of the destroyed Krishna Janmabhoomi temple in Mughal Emperor Aurangzeb's era.

The mosque management committee and the Uttar Pradesh Sunni Central Waqf Board argued that the lawsuits were not allowed under the Places of Worship (Special Provisions) Act, 1991. This law prevents changing the religious nature of any worship place as it was on Independence Day.

'If Shahi Eidgah Masjid approaches SC, we will be present there'

Vishnu Shankar Jain, the attorney representing the Hindu plaintiffs, stated that they are ready if the Shahi Idgah mosque committee decides to appeal to the Supreme Court.

"Today, theAllahabad High Court has rejected the application of order 7 rule 11 filed by Shahi Eidgah Masjid and held that all these 18 suits are not barred by the Places of Worship Act...The next date of hearing is 12th August. The result is that the trials will proceed. We will file the caveat before the Supreme Court and if the Shahi Eidgah Masjid approaches the SC, we will be present there," Jain said.

(With inputs from agencies)