Allahabad HC rejects plea to refer Shahi Idgah Mosque as ‘disputed structure’

Lucknow: In a significant ruling, perceived as a setback to the Hindu petitioners, the Allahabad High Court on Friday dismissed a plea to refer to the Shahi Idgah Masjid, which was adjacent to the Shree Krishna Janmabhoomi in Mathura as a ‘disputed structure’.

A single bench comprising Justice Ram Manohar Mishra gave his ruling while rejecting a petition filed by president of the Shree Krishna Mukti Trust Mahendra Pratap Singh, seeking to declare the Shahi Idgah Mosque a ‘disputed structure’. The court had earlier reserved its judgement on the matter.

The court said that there was no ‘solid ground’ to declare the Shahi Idgah Mosque a disputed structure.

The petitioner had pleaded that there was no mention of the Mosque in the revenue records nor was there any proof of payment of the municipal taxes. He also referred to books written by the historians and government documents to buttress his contention.

The Muslim side had opposed the petition and claimed that the Idgah Mosque had been in existence for many years and that it was not proper to refer to it as a disputed structure. It also raised questions on the authenticity of the historical documents presented by the Hindu petitioner.

The court said that the Idgah Mosque could not be declared a disputed structure, as of now, on the basis of the documents and evidence before it.

The Hindu side contends that the Shahi Idgah Mosque was built by the Mughal emperor Aurangzeb after demolishing a part of the Shree Krishna Janmabhoomi. It has claimed ownership over the entire 13.37 acres of land on which they are situated.

The Hindu petitioners have also challenged the 1968 agreement between the Shahi Idgah Mosque Committee and the Shrikrishna Janmabhoomi Trust allowing the Mosque to continue to exist and use the land on which it was situated.

The Allahabad High Court had earlier directed that all the cases pertaining to the Shri Krishna Janmabhoomi-Shahi Idgah Mosque dispute be transferred to the high court.

In its order, the court said that the cases were concerned with the faith and beliefs of both Hindus and Muslims and that there could be a delay in their disposal if they continued to be heard in the lower court.