The Muslim side in the Krishna Janmabhoomi-Shahi Idgah dispute has approached the Supreme Court challenging the Allahabad High Court’s recent decision. On August 1, 2024, the Allahabad High Court dismissed the plea questioning the maintainability of 18 cases related to this temple-mosque dispute. The Committee of Management Trust, Shahi Masjid Idgah, filed the appeal through advocate RHA Sikander, who expects the Supreme Court to hear it next week.
Background Of The Shahi Idgah Dispute
The dispute revolves around the Shahi Idgah mosque complex located adjacent to the Krishna Janmabhoomi temple in Mathura. The Hindu litigants claim that the mosque was constructed during the Mughal era by demolishing a pre-existing temple. They have filed cases seeking the removal of the mosque, arguing that it violates the Places of Worship (Special Provisions) Act, 1991. This Act prohibits altering the religious character of any shrine from what existed on August 15, 1947, except for the Ram Janmabhoomi-Babri Masjid case.
High Court’s August 1 Decision
On August 1, 2024, the Allahabad High Court ruled that the court must determine the ‘religious character’ of the Shahi Idgah. The court rejected the argument to dismiss the cases under the 1991 Act, stating that the Act does not define the term ‘religious character.’ The judge emphasized that the disputed site cannot simultaneously represent both a temple and a mosque. The court determined that both parties must establish the religious character as it existed on August 15, 1947, through evidence.
Previous Orders And Current Status
On August 9, 2024, the Supreme Court extended its stay on the operation of the Allahabad High Court’s order that allowed a court-monitored survey of the Shahi Idgah mosque compound. This decision followed the high court’s December 14, 2023, order, which had sanctioned a court commissioner to oversee the survey.
The Supreme Court had originally imposed this stay on January 16, 2024. The Hindu side argues that the site holds evidence suggesting it was originally a temple.
Additional Legal Actions
The mosque management committee has filed a batch of petitions with the Supreme Court, including one challenging the Allahabad High Court’s May 26, 2023, order that consolidated all related cases. In Mathura, a suit was filed to relocate the Shahi Idgah mosque, claiming that it encroaches on part of the 13.37-acre land belonging to the Shri Krishna Janmabhoomi Trust. The Hindu side had requested the high court to manage the trial similarly to the Ram Janmabhoomi-Babri Masjid dispute.
