Sri Krishna Janmabhoomi case: HC to hear plea for survey of Shahi Idgah mosque on Dec 18

There are over a dozen cases in the High Court concerning the Krishna Janmabhoomi-Shahi Masjid dispute.

The Allahabad High Court on December 14 said that it would first hear the application requesting the appointment of a court-monitored advocate commissioner to survey the Shahi Idgah premises. This area adjoins the Sri Krishna Janmabhoomi temple in Mathura. Following this hearing, the court will subsequently address the issue of maintainability.

The court was hearing a plea seeking a video survey of the mosque and the right to offer prayers on the premise.

The high court is scheduled to hear the plea regarding the appointment of an advocate commissioner on December 18. The identity of the commissioner, as well as the modalities of the survey, will also be decided on the same day.  “The Allahabad High Court has allowed a survey by a Commission of the site. More details will be out when the order copy is uploaded,” said Ranjana Agnihotri, one of the petitioners.

Vishnu Shankar Jain, the lawyer appearing for Hindu side, said application no. 130 "Ga" was allowed. “On December 18, the court will hear the parties concerned and decide the modalities of commission like how many advocates will be appointed commissioner and time frame of the survey will be decided on next date."

Justice Mayank Kumar Jain on November 16 had reserved the order on the application after hearing the concerned parties.

Claiming the mosque was built on the birthplace of Lord Krishna, the Hindu outfits had demanded a survey. The demand was admitted by a local court in December last year. However, the Muslim side had filed an objection in the high court. The Muslims side may now approach the Supreme Court against this ruling.

According to the Hindu side, the mosque was constructed by Mughal Emperor Aurangzeb by demolishing a temple on 13.37 acres of Lord Krishna's birthplace. This original suit is pending before the High Court.

The Muslim side had earlier sought to dismiss the petition by citing the Places of Worship Act of 1991, which maintains the religious status of any place of worship as it was on August 15, 1947.

In 1968, an agreement was signed between the Shri Krishna Janmasthan Seva Sansthan and the Shahi Masjid Idgah Trust. According to the agreement, 10.9 acres of land was given for the Krishna Janmabhoomi and the remaining 2.5 acres of land to the mosque.

Over a dozen suits are pending in the High Court, with the main pleas seeking a declaration that the land under dispute vests in the deity Lord Shri Krishna Virajman. Additionally, they seek a direction for the defendant to remove the mosque.