It is necessary to determine the ‘religious character’ of Shahi Idgah : Allahabad High Court

• Shrikrushna Janmabhoomi-Shahi Idgah controversy in Mathura

• Muslim litigant’s claim of violation of the ‘Places of Worship Act’ dismissed

Shahi Idgah Mosque and Shrikrushna Janmabhoomi (Credits : Times Now)

Prayagraj (UP) – The Allahabad High Court dismissed the Muslim litigant’s plea challenging the maintainability of 18 independent civil suits filed by the Hindu litigant in the Shrikrishna Janmabhoomi-Shahi Idgah mosque case in Mathura, citing that the ‘religious character’ of the Shahi Idgah needs to be determined.

1. The Court also rejected the Muslim litigant’s claim that the plea entered by the Hindu litigants violated the ‘Places of Worship Act’.

2. The Muslim litigant had claimed that the ‘Places of Worship Act’ of 1991, prohibits changing the religious character of any existing place of worship on the day of the country’s independence, while only the Shriramjanmabhoomi-Babri Masjid dispute was excluded from the purview of that Act.

3. Among the lawsuits filed by the Hindu litigant, it was claimed that the Aurangzeb-era Mosque, which was built by demolishing an ancient temple in Mathura, should be demolished.

4. Justice Mayank Kumar Jain in his judgement said that the Places of Worship Act of 1991 does not define ‘religious character’. The religious place concerned cannot have a dual religious identity of temple and mosque. Either that place is a temple or a mosque. Therefore, the religious character of this place, as it existed on 15th August 1947, should be determined through documentary and oral evidence led by both parties.

5. Advocate Vishnu Shankar Jain, representing Hindu litigants, told reporters that the Allahabad High Court has decided to continue the joint hearing on 18 petitions in the Shrikrishna Janmabhoomi-Shahi Idgah Masjid case. The Hindu litigant will now move the Supreme Court seeking removal of the stay on the Allahabad High Court’s earlier order allowing the survey of the mosque.

6. The Hindu litigant claims that the Shahi Idgah Mosque has many signs and markings, which prove it to be a temple.

Next hearing on 12th August

In this regard, the Court had reserved its judgement on 6th June after the arguments of both the litigants were completed. Through these petitions, Hindus demanded that ‘the site of Shahi Idgah belongs to Hindus and it should be returned to Hindus, and they should be allowed to worship there’. In the petition filed by the Hindu litigant in this matter, it has been mentioned that the land of Shahi Idgah Mosque is in fact the land of Hindus. At the same time, the Muslim litigant demanded the dismissal of the petitions of Hindus by referring to the Places of Worship Act 1991, Waqf Act, etc. They also challenged the maintainability of 18 independent civil suits filed by the Hindu Party in the Mathura Court. The High Court passed the aforementioned verdict on a petition filed by the Shahi Idgah Committee. The next hearing in this case will be held on 12th August.