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Synopsis

The Allahabad High Court on Wednesday dismissed on merits the Public Interest Litigation plea seeking recognition of Mathura's Shahi Idgah Mosque site as Krishna Janam Bhoomi.

The judgment had been reserved by the high court on September 4, 2023.

During the course of the hearing in the matter, before the division bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava, petitioner-in-person Advocate Mehek Maheshwari argued that various historical records cite the factum that the disputed site/ Shahi Idgah mosque is the actual birthplace of Lord Krishna and even history of Mathura dates back to Ramayana kaal and Islam came just 1500 years ago.

He contended that the Shahi Idgah is not a proper mosque as per Islamic jurisprudence as a mosque cannot be on a ground forcibly acquired whereas as per Hindu jurisprudence, it is a temple as even ruins of a temple can constitute a temple.

Regarding the bar placed by the Places of Worship Act, 1991, Adv Maheshwari submitted that since the land had always been a temple land, no question of changing its nature arose.

He referred to the judgment of Madras High Court in TRK Ramaswami Servai v The Board of Commissioners for the Hindu Religious Endowments.

He further stressed that during a settlement, from 13.37 acres of land 2.37 acres were given to Shahi Idgah Mosque which suggested it was a temple, although a mosque might be situated over it.

Earlier, the PIL plea was dismissed in default by the Court on January 19, 2021, on account of the absence of the petitioner but it was again restored to its original number.

In his petition, Maheshwari stressed that Masjid is not an essential part of Islam, therefore the Shahi Idgah Mosque situated in Mathura should be razed and that land, allegedly Krishna Janmabhoomi, should be handed over to the Hindus.

He also urged the court to declare Sections 2,3, 4 of the Places of Worship Act, 1991 as unconstitutional contending that these provisions violate the doctrine of Hindu law that temple property is never lost even if enjoyed by strangers for years.

It was also one of Maheshwari's prayers that a proper trust for Krishna Janmabhoomi Janmasthan should be formed for building a temple on the said land.

In related news, the Supreme Court on October 3, 2023, sent a reminder to the Allahabad High Court for forwarding the details of all suits filed in the Krishna Janmabhoomi-Shahi Idgah mosque dispute.

The Top Court had earlier called for details on the matter from the Registrar of the High Court while hearing a plea filed by Committee of Management Trust, Shahi Masjid Idgah against the Allahabad High Court's May 26 order, directing for transfer of all suits related to claims on the birthplace of Lord Krishna, to itself.

Case Title: Mehek Maheshwari v. Union of India and Ors.