Allahabad High Court Rejects PIL Seeking Recognition of Mathura’s Shahi Idgah Mosque Site as Krishna Janam Bhoomi
Last Updated on October 12, 2023 by News Desk
In a recent development, the Allahabad High Court has dismissed a Public Interest Litigation (PIL) plea that sought to recognize the Shahi Idgah Mosque site in Mathura as Krishna Janam Bhoomi. The decision came after a bench consisting of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava reserved its verdict on the matter last month. A more detailed order from the court is expected soon.
The PIL, initiated by Advocate Mahek Maheshwari in 2020, argued that historical texts indicated the site in question as the actual birthplace of Lord Krishna. It contended that Mathura’s history dated back to the time of the Ramayana, long before Islam’s arrival in the region around 1500 years ago.
Furthermore, the petitioner claimed that the site was not a proper mosque according to Islamic jurisprudence because it was allegedly built on forcibly acquired land. In contrast, the Hindu jurisprudence perspective considered a temple as sacred, even if in ruins. Therefore, the PIL sought to hand over the land to Hindus and establish a trust for building a temple on the Krishna Janmabhoomi Janmasthan.
Additionally, the petition requested a Court-monitored GPS-based excavation by the Archaeological Survey of India (ASI) of the disputed structure that was purportedly constructed over Krishna Janma Sthan.
The central argument in the PIL was that Lord Krishna’s birthplace lies beneath the current structure constructed by the Shahi Idgah Trust. The petitioner questioned the legality of a compromise made in 1968 between the Society Shree Krishna Janamasthan Seva Sangh and the Committee of Management of Trust Masjid Idgah, which led to the transfer of a significant portion of property to the latter.
The petition also challenged the essentiality of the mosque in Islam, suggesting that the disputed land should be handed over to the Hindus to exercise their right to religious freedom under Article 25 of the Constitution. Additionally, it urged the court to declare sections 2, 3, and 4 of the Places of Worship Act, 1991, as unconstitutional, arguing that they denied remedies for aggrieved individuals in cases dating before August 15, 1947.
In related news, the Supreme Court is currently considering a special leave petition filed by the mosque committee, contesting an order from May 2023 that transferred several suits related to the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute to the Allahabad High Court. The legal complexities and historical sensitivities surrounding this case continue to generate significant public interest.
In conclusion, the recent dismissal of the PIL in the Allahabad High Court is a critical development in the ongoing debate over the disputed site in Mathura. The legal and historical aspects of this case continue to be closely examined by the courts, reflecting the broader tensions surrounding religious sites in India.
Written by — Athi Venkatesh
