Krishna Janmabhoomi Dispute: Allahabad High Court Rejects Muslim Side’s Petition; Says Cases Maintainable

The suits filed by Hindu litigants seek "removal" of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple.

Allahabad: In a significant development on Thursday, the Allahabad High Court dismissed the Muslim side’s plea challenging the maintainability of suits in the Krishna Janmabhoomi-Shahi Eidgah dispute in Mathura. The court ruled that the trial in 18 cases relating to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura can continue, dismissing a petition filed by the mosque committee that challenged the maintainability of these suits.

Justice Mayank Kumar Jain had on June 6 reserved his judgment on the plea moved by the Muslim side on maintainability of the suits. The court has now fixed August 12 as the date for framing of issues. The suits filed by Hindu litigants seek “removal” of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple.

The petitions claim that the Aurangazeb-era mosque was built after the demolition of a temple that marked the spot where Lord Krishna was born. But the mosque management committee and the UP Sunni Central Waqf Board argued that the suits were barred under Places of Worship (Special Provisions) Act, 1991 that prohibits changing the status of any place of worship from what it was on the day of the country’s Independence.

Reactions From Hindu Side Advocate

Reacting to the significant development, advocate Vishnu Shankar Jain, who represents the Hindu side, said that they will be ready if the Muslim side approaches the Supreme Court.

“Today Allahabad High Court has rejected the application of order 7 rule 11 filed by Shahi Eidgah Masjid and held that all these 18 suits are not barred by the Places of Worship Act…The next date of hearing is 12th August. The result is that the trials will proceed and the intention and the effort to nib in the trial on the issue of maintainability has been rejected. We will file the caveat before the Supreme Court and if the Shahi Eidgah Masjid approaches the SC, we will be present there.”

Hindu side counsel Vishnu Shankar Jain told reporters that with the dismissal of the plea challenging maintainability, the high court will continue to hear all the cases. He said the Hindu side will next move the Supreme Court asking it to vacate its stay on an earlier Allahabad High Court order that had allowed a survey of the mosque.

“We will also file a caveat regarding today’s order in the Supreme Court,” Jain said.

(With inputs from agencies)