Allahabad High Court allows survey of Mathura’s Shahi Idgah mosque

Subject : Polity

Section: Judiciary

Context:

On December 14, the Allahabad High Court allowed an application for the inspection of the Shahi Idgah mosque complex, reigniting the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
Hindu petitioners assert that the mosque, constructed by Emperor Aurangzeb in 1670, was built over Lord Krishna’s birthplace in Mathura. The mosque is adjacent to the Krishna Janmasthal Temple, a significant pilgrimage site.

Latest Legal Plea on Sri Krishna Janmabhoomi:

Nature of the Application: The application is part of a petition initiated by eight individuals including the “next friend” of Bhagwan Shree Krishna Virajman.
Survey Approval: Allahabad High Court approved the survey of the Shahi Idgah mosque on December 14.
Petition’s Demands: The petitioners seek the removal of structures allegedly encroaching on the disputed land by the UP Sunni Central Waqf Board and the mosque committee, and the transfer of this land to the Shree Krishna Janmbhoomi Trust.
Challenge to the 1968 Agreement: The plea contests the legality of a compromise agreement dated October 12, 1968, between the Shri Krishna Janmasthan Seva Sansthan and the Trust Shahi Masjid Idgah.

Historical context and Claims

Aurangzeb’s Alleged Demolition: The Hindu petition cites historical records, claiming Aurangzeb ordered the demolition of Hindu temples, including one at Lord Krishna’s birthplace, to construct the Idgah Mosque in 1669-70.
Reference to Official Records: The petition mentions the Official Court Bulletin (Akhbaraat) from January to February 1670 as evidence of Aurangzeb’s orders.

Counterclaims by the Muslim Side

Legal Arguments: Representatives of the UP Sunni Central Waqf Board and the mosque committee argue in the High Court that the mosque does not fall within the disputed 13.37 acres and dispute the location of Krishna’s birthplace.
Challenging the Hindu Claims: They assert that the Hindu claims are based on speculation and lack documentary evidence.

Historical Ownership and Management

Land Ownership Changes: The site, originally nazul land, was auctioned by the East India Company in 1815 to Raja Patni Mal of Benaras.
Subsequent Transactions: The land was later sold to Jugal Kishore Birla, and the ownership rights were transferred to the Shri Krishna Janmabhoomi Trust, established by Birla.
Temple Management: In 1956, the Shri Krishna Janmasthan Sewa Sangh, later renamed as Sansthan, was established for temple management.

Similarities with the Gyanvapi Case

Similar Legal Proceedings: The Mathura case is comparable to the Gyanvapi Mosque dispute in Varanasi, where a court-ordered survey led to the discovery of a structure claimed as a “shivling” by Hindus and a “fountain” by Muslims.
Archaeological Surveys and Legal Challenges: The Varanasi district court’s order for a scientific survey of the Gyanvapi mosque and the subsequent legal hurdles reflect similar developments in the Mathura case.