“What Lies Ahead for Krishna Janmbhumi After Ayodhya? SC ruling on Shahi Idgah Land Survey in Mathura.”
The court issued a notice to Hindu devotees, seeking their response to the plea filed by the Shahi Idgah Masjid trust. The case is scheduled for further hearing on January 23.
On January 16, the Supreme Court intervened, putting on hold the Allahabad High Court’s order that had allowed the appointment of an Advocate Commission for a survey of the Krishna Janmabhoomi-Shahi Idgah complex.
The High Court’s decision on December 14, permitting the survey and setting the modalities, faced a setback as the Supreme Court suspended its implementation. Justices Sanjiv Khanna and Dipankar Datta expressed concerns about the Hindu devotees’ application for the survey being “vague.” Additionally, the court noted pending legal issues, including the Order 7 Rule 11 application and the lack of clarity in the request for a local commissioner’s appointment. The matter of transferring the case is also awaiting resolution.
While the Supreme Court clarified it was not imposing a complete stay, it specifically halted the implementation of the survey commission order. The court issued a notice to Hindu devotees, seeking their response to the plea filed by the Shahi Idgah Masjid trust. The case is scheduled for further hearing on January 23.
Senior advocate Tasneem Ahmadi, representing the Masjid trust, argued against the High Court’s decision, highlighting the issue of maintainability already pending before the court. The Masjid trust challenges the survey, arguing it should not be a “fishing exercise.” It contends that Hindu devotees’ claims are barred by the Places of Worship Act 1991 and previous court judgments endorsing settlement agreements between Temple and Mosque trusts in 1973 and 1974.
The Mosque Committee argues that Hindu devotees lack substantial evidence for their claim regarding Lord Krishna’s birthplace under the Idgah Mosque. It asserts that a survey cannot be conducted to “find evidence,” barred by the 1991 Act and settlement agreements.
The legal complexities continue, with over a dozen petitions pending before the Allahabad High Court. The dispute centers on the Hindu side’s claim that the mosque, constructed by Mughal Emperor Aurangzeb, replaced a temple on 13.37 acres of Lord Krishna’s birthplace.
Advocate Reena N. Singh, representing Bhagwan Sri Krishna Lalla Virajman, clarified that the Supreme Court’s intervention temporarily stayed the survey but not the trial at the Allahabad High Court. The next hearing on January 23 will likely bring further clarity to this contentious and historical legal battle.
By Yashasvi Raghav
