Krishna Janmabhoomi-Shahi Idgah Dispute: Allahabad HC To Today Decide How Survey Will Be Held

The Allahabad High Court will hear the application seeking the appointment of a court-monitored advocate commissioner to survey the Shahi Eidgah premises, adjoining the Sri Krishna Janmabhoomi temple in Mathura on Thursday.

In an important junction in the temple-mosque dispute in Uttar Pradesh, the High Court last week agreed to the appointment of an advocate commissioner to oversee the survey of the mosque premises, which the petitioners claim holds signs suggesting that it was a Hindu temple once.

SC Refuses to Stay Allahabad HC Order

The Muslim side had approached the Supreme Court against the High Court order, but the top court refused to stay it, allowing a court-monitored survey. A bench of Justices Sanjiv Khanna and SVN Bhatti deferred until January 9 the hearing on a plea filed by the Committee of Management Trust Shahi Masjid Idgah challenging the May 26 order of the high court transferring to itself all matters related to the dispute pending before a Mathura court.

2nd Big Temple-Mosque Dispute In UP

The Allahabad High Court’s December 14 order on the Krishna Janmabhoomi-Shahi Idgah issue is the second temple-mosque dispute in which the high court has given its nod to a survey over the past months.

The Archeological Survey of India (ASI) recently completed a survey of the Gyanvapi mosque next to Varanasi’s Kashi Vishwanath temple but has sought more time from a local court to submit its report.

While arguing their case for a survey, the Mathura petitioners cited the Varanasi case as well.

HC Allowed Survey of Mathura’s Shahi Idgah

The HC said no harm should be caused to the Mathura structure during the survey, which he indicated could be overseen by a three-member commission of advocates.

“The commission is duty bound to submit its fair and impartial report based on the actual status of the property. The commission may also submit its discovery as to the existence of particular signs at the property as referred by the plaintiffs,” Justice Jain observed.

It said the representatives of both sides to the dispute can accompany the commission members and assist them “so that the correct position of the spot may be noted and be brought before the Court.” The court said the sanctity of the premises has to be strictly maintained during the execution of the survey.

The Case

The application submitted to the high court by the Hindu side said a lotus-shaped pillar characteristic of Hindu temples exists on the mosque premises, and an image of the ‘Sheshnag’ deity is also present there.

It was also submitted that Hindu religious symbols and engravings are visible at the base of the pillar. The petition claimed that Lord Krishna’s birthplace lies beneath the mosque.

It was filed on behalf of the deity Bhagwan Shri Krishna Virajman and seven others through advocates Hari Shankar Jain, Vishnu Shankar Jain, Prabhash Pandey and Devki Nandan.

The applicants had sought the appointment of a commission with specific directions to submit its report within a stipulated period after conducting a survey. The petition also sought directions from the court to photograph and record the entire proceedings on video.

The Hindu side’s plea was opposed by the UP Sunni Central Waqf Board and the mosque committee. They argued that no order on the application should be passed at this stage as their objection to the maintainability of the suit was still pending.

Among the laws invoked by the Muslim side was the Places of Worship (Special Provisions) Act, 1991.

In May, the high court transferred to itself all cases related to the Mathura dispute.