Krishna Janmabhoomi: HC junks plea to rename mosque as 'disputed structure'

The Allahabad High Court dismissed a plea to replace 'Shahi Idgah Mosque' with 'disputed structure' in the ongoing Krishna Janmabhoomi cases

In the ongoing legal battle over the Krishna Janmabhoomi-Shahi Idgah site in Mathura, the Allahabad High Court on Thursday dismissed a plea requesting that the term 'Shahi Idgah Mosque' be replaced with 'disputed structure' in all future proceedings related to the case, according to a LiveLaw report.

 

Responding to the High Court’s decision, Advocate Saurabh Tiwari told ANI, "The High Court has rejected the application of considering it as the disputed structure... The court has said that it is a normal application and not a shock to the Hindu community..."

 

The order was passed by Justice Ram Manohar Narayan Mishra, who stated that the application was being dismissed “at this stage”. A total of 18 cases are currently pending in the High Court. These petitions largely seek the removal of what are described as illegal encroachments on the premises of the Shri Krishna Janmabhoomi temple, which includes the Shahi Idgah Mosque.

 

Krishna Janmabhoomi case: Background

The legal conflict revolves around claims that the Shahi Idgah Mosque was built on the site believed to be the birthplace of Lord Krishna. Hindu petitioners allege that the mosque, situated next to the Krishna Janmabhoomi temple, was constructed during Mughal emperor Aurangzeb’s rule after demolishing a pre-existing Hindu temple.

 

In 1968, a compromise was signed between the Shri Krishna Janmasthan Seva Sansthan — the temple’s management body — and the Trust Shahi Masjid Eidgah. This agreement allowed both religious places to function side by side on the same premises.

 

However, several fresh petitions have questioned the legality of this agreement. The pleas argue that the 1968 compromise was made fraudulently and is not valid under the law. Claiming the right to worship at the site, many petitioners have demanded the removal of the Shahi Idgah Mosque.

Brief timeline of legal proceedings

In May 2023, the Allahabad High Court transferred all pending cases related to the Krishna Janmabhoomi–Shahi Idgah dispute from the Mathura court to itself. However, this order was challenged in the Supreme Court by the mosque committee, and later also by the Uttar Pradesh Sunni Central Waqf Board, LiveLaw reported.

 

Later in December 2023, the High Court allowed a plea for the appointment of a court commissioner to inspect the Shahi Idgah Mosque premises. In January 2024, the Supreme Court stayed the implementation of that inspection order. The stay has since been extended.

Plea to include Radha Rani as a party rejected

In May 2024, the Allahabad High Court rejected a plea seeking to include goddess Radha as a party to one of the 18 suits related to the title dispute. The application argued that Shriji Radha Rani should be made a joint holder of the disputed 13.37-acre land along with the plaintiff deity, Sri Bhagwan Krishna Lala Virajman.

 

The plea, filed by Advocate Reena N Singh, claimed that Radha Rani is “the legal wife and the feminine form of the plaintiff in suit — Sri Bhagwan Krishna Lala Virajman — and that together, they both are worshipped as deities since time immemorial.”

 

However, the court turned down the request. Justice Ram Manohar Narayan Mishra remarked, “Puranic illustrations are considered hearsay evidence.” The court further said, “The claim of the applicant as a joint holder of property in dispute together with plaintiff is based on some reference in various Puranas and Sanhitas wherein Shriji Radha Rani is considered as the soul of Lord Krishna.”

 

During the hearing on May 23, the court noted that the Pauranic depictions “are usually based on narrative and not on direct observation or testimony”.