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Krishna Janmabhoomi-Shahi Idgah dispute: Supreme Court sets November to hear Muslim side's plea

The Supreme Court instructed the Muslim petitioners to first decide whether they intend to challenge the single bench decision in the double bench of the Allahabad High Court.

Reported By : Atul Bhatia Edited By : Saptadeepa Bhattacharjee
New Delhi
Updated on: September 17, 2024 12:58 IST
A view of the Krishna Janmasthan Temple Complex and Shahi
Image Source : ANI A view of the Krishna Janmasthan Temple Complex and Shahi Eidgah Mosque, in Mathura.

The Supreme Court of India has today addressed the Krishna Janmabhoomi dispute, following a challenge by the Muslim side against a decision by a single bench of the Allahabad High Court. In today’s proceedings, the Supreme Court did not impose any stay or issue any new directives regarding the matter.

The Apex Court instructed the Muslim petitioners to first decide whether they intend to challenge the single bench decision in the double bench of the Allahabad High Court. The Supreme Court has indicated that it will take up the case for hearing in the week beginning November 4, pending the outcome of the petitioners' decision.

Key Points:

  • The Supreme Court is scheduled to hear the petition related to the Shahi Idgah Mosque in November.
  • The court has expressed its readiness to review the petition concerning the Idgah Mosque.
  • The proceedings in the Allahabad High Court regarding this case will continue as well.
  • The Supreme Court will hear the Idgah Mosque petition along with other pending petitions related to the case.

High Court Ruling and Implications

The Allahabad High Court's decision, issued on August 1 by Justice Mayank Kumar, was a landmark ruling with potential implications for similar pending cases. The court’s decision allowed the 15 suits filed by Hindu groups to proceed, following a re-opening of hearings prompted by an application from the Shahi Idgah Masjid’s legal team. The application requested a review and video recordings of the hearings.

Contested Validity of Petitions

The Shahi Idgah Intezamia Committee, which manages the mosque, has contested the validity of the petitions. The Hindu petitioners argue that the mosque is built on the ruins of a temple dedicated to Lord Krishna, citing features such as lotus carvings and motifs resembling the ‘sheshnag’—a serpent deity in Hindu mythology—as evidence.

Legal Defense Based on Places of Worship Act

In their defense, the Muslim side has invoked the Places of Worship Act of 1991, which preserves the religious status of places of worship as they existed on August 15, 1947, the date of India’s independence. They argue that this legislation should protect the mosque from alterations in its legal standing.

Historical Land Dispute

The dispute over the land dates back to 1968, when an agreement was reached between the Shri Krishna Janmasthan Seva Sansthan and the Shahi Masjid Idgah Trust. This agreement allocated 10.9 acres of land for the Krishna Janmabhoomi and the remaining 2.5 acres to the mosque.

Supreme Court's Previous Actions

Earlier in December of the previous year, the Supreme Court had declined to stay a High Court order that approved a "scientific survey" of the disputed site. However, the top court put a hold on the survey in January, questioning the clarity of its purpose after a commissioner was appointed to oversee the process.

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