Allahabad High Court Rejects Petition to Label Shahi Idgah Mosque as Disputed Structure

Court Decision on Shahi Idgah Mosque

On Friday, the Allahabad High Court dismissed a petition that sought to classify the Shahi Idgah mosque in Mathura, Uttar Pradesh, as a 'disputed structure' in ongoing legal proceedings.

Justice Ram Manohar Narain Mishra presided over the case, stating that there was insufficient basis to label the mosque as a 'disputed structure'.

The Shahi Idgah mosque is situated within a 13.3-acre area, where Hindu claimants assert that the mosque was constructed on the site of Krishna's birthplace after a temple was demolished.

Currently, there are 18 lawsuits pending in the High Court from Hindu plaintiffs, primarily seeking to reclaim the land occupied by the mosque, restore the temple, and obtain a permanent injunction regarding the matter.

In his application, advocate Mahendra Pratap Singh argued that there was no record of the mosque in revenue documents or evidence of municipal tax payments, supporting his claims with various historical texts and government documents.

Conversely, representatives for the Muslim community contended that the mosque has existed for centuries and argued against its classification as a 'disputed structure', questioning the validity of the documents presented by Singh.

Background of the Case

On December 14, 2023, the High Court approved a petition for appointing a court commissioner to inspect the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple.

The petitioners are seeking full ownership of the 13.3 acres surrounding the mosque, asserting it is the birthplace of Krishna.

Advocate Vishnu Shankar Jain, representing the petitioners, indicated that there are several signs of a Hindu temple's presence at the site, necessitating an advocate commissioner to ascertain the actual situation.

This lawsuit emerged after the High Court transferred all related petitions from a Mathura court, which sought various forms of relief, including the mosque's removal.

The mosque's management committee has contested the High Court's ruling in the Supreme Court, arguing that the High Court should have considered their request to dismiss the Hindu bodies' plaint before addressing any miscellaneous applications.

The committee also claimed that the lawsuit violates the 1991 Places of Worship Special Provisions Act, which prevents changes to the religious character of places of worship as they were on August 15, 1947.

On January 16, 2024, the Supreme Court issued a stay on the High Court's order permitting the survey of the mosque, and this stay was extended on January 22, 2025.

This extension followed the Supreme Court's prohibition on trial courts from issuing orders, including survey directions, in ongoing cases related to the Places of Worship Special Provisions Act.

Additionally, the Supreme Court has halted the registration of new lawsuits across the country until further notice while it reviews petitions challenging the constitutional validity of the Act.

This ruling comes amid rising concerns regarding the increasing number of lawsuits filed by Hindu groups claiming ownership of mosques and dargahs.