Krishna Janmabhoomi case: Allahabad HC rejects plea to declare Shahi Idgah Mosque as 'disputed structure'

The Hindu side asserted that the structure could not be called a mosque in the absence of land ownership documents, municipal records, or tax filings.
View of the Krishna Janmabhoomi and Shahi Idgah Mosque in Mathura.
View of the Krishna Janmabhoomi and Shahi Idgah Mosque in Mathura.(File Photo | ANI)
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LUCKNOW: In the ongoing legal battle over the Krishna Janmabhoomi and Shahi Idgah Mosque in Mathura, the Allahabad High Court on Friday rejected the Hindu side’s plea to declare the Shahi Idgah Mosque, situated on Shree Krishna Janmabhoomi premises, a "disputed structure".

The petition had sought an official designation of the mosque as a disputed site in court records and all further proceedings.

The single-judge bench, comprising Justice Ram Manohar Narayan Mishra, dismissed the plea orally, saying the application filed by the Hindu side in this regard is being dismissed “at this stage”. The judgment, which was reserved on May 23, is being seen as a significant relief for the Muslim litigants in the long-standing legal battle.

Notably, advocate Mahendra Pratap Singh, appearing for the Hindu side, had filed an application on March 5 this year, urging the court to declare the Shahi Idgah Mosque as a disputed structure. The contention of the petitioner was that the mosque was built through encroachment and lacked legal documentation proving ownership or religious designation.

The Hindu side asserted that the structure could not be called a mosque in the absence of land ownership documents, municipal records, or tax filings. So far, four hearings have taken place in the single-judge bench.

Besides this petition, 18 other related petitions filed by the Hindu side have been clubbed by the High Court, and they remain pending before it. All the petitions primarily seek the removal of alleged illegal encroachments from the premises of the Shri Krishna Janmabhoomi temple, currently referred to as the Shahi Idgah Masjid.

The Hindu petitioners claimed that the land where the mosque stands was originally the site of a Krishna temple. They argued that symbols and motifs of Hindu deities were still visible on the mosque’s walls. They further contended that merely occupying a land illegally did not establish ownership and drew parallels with the Ayodhya dispute. They requested that, similar to the Babri Masjid in Ayodhya, the Shahi Idgah should be declared a disputed structure before further legal decisions are made.

On the contrary, in response, the Muslim side filed objections, describing the Hindu petition as entirely baseless. They emphasized that the Shahi Idgah had been existing for the last over 400 years. They also argued that the demand to declare it a disputed structure should not only be dismissed but also that the petitioners should be penalized.

The Shahi Idgah Mosque is located adjacent to the Shri Krishna Janmasthan temple complex in Mathura. The dispute has drawn national attention, with similarities drawn to the Ram Janmabhoomi-Babri Masjid case in Ayodhya.

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