In a major setback to the Shahi Eidgah Mosque committee on Thursday, the Allahabad High Court held that all suits filed by the Hindu worshippers over the disputed Krishna Janmabhoomi-Shahi Eidgah Mosque in Mathura are maintainable. The high court ruled that the cases filed by Hindu side are not barred by the Limitation Act or Places Of Worship Act, or any other law.
The high court had reserved his verdict on June 6 after hearing the plea from the Shahi Idgah Mosque Committee questioning the maintainability of the suits filed by the Hindu side. The Mosque Committee had challenged the maintainabilty of these suits contending that such cases are barred in law. Now, the high court will hear the cases on merits, the LiveLaw reported.
The Hindu petitioners have claimed that the Shahi Idgah mosque adjoining the Krishna Janmabhoomi temple in Mathura holds signs that suggest that it was a Hindu temple once.
Some petitioners have claimed that the mosque was built on temple land during the reign of Mughal emperor Aurangzeb. They claimed that the mosque was built in 1669-70 in the 13.37-acre premises of Katra Keshav Dev temple, near the birthplace of Lord Krishna.
ALSO READ | Should Creamy Layer Be Excluded From SC/ST Reservations? What Supreme Court Said
In previous hearing, while arguing on maintainabilty, the counsel for the Shahi Idgah managing committee argued the suit seeking removal of the mosque adjoining the Krishna Janmabhoomi temple in Mathura is barred by the law of limitation.
The limitation law sets a specific time period to seek a legal remedy. Today the high court held that it is not barred by limitations law.
In May 2023, the Allahabad High Court transferred all the suits pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute to itself. Several separate petitions were filed in lower courts in Mathura. The petitions sought removal of the Shahi Idgah Masjid from the 13.37-acre complex, which it shares with the Katra Keshav Dev temple.
The petitioners from muslim side moved the apex court challenging the Allahabad High Court move and argued that the high court transferred all suits to itself, even though no transfer applications were filed for all those petitions.
It may be recalled that the Supreme Court on March 19, dismissed a petition moved by the Committee of Management Trust Shahi Masjid Idgah against Allahabad High Court order to consolidate all these suits concerning the Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The top court had granted liberty to the mosque committee to come back if they were not satisfied with the verdict of high court.
On January 16, the top court stayed execution of Allahabad High Court order on Shahi Idgah survey In the Krishna Janmabhoomi case, and issued notice while allowing the proceedings before the Allahabad High Court to continue. The top court then extended the stay on January 29 and April 15.