HC dismisses plea for use of 'disputed structure' in place of Mathura's 'Shahi Idgah Mosque'

The Allahabad High Court on Friday dismissed a plea seeking a direction that the word ''disputed structure'' be used in place of ''Shahi Eidgah Mosque'' of Mathura.

The application was moved with a prayer to direct the stenographer concerned to use the word ''disputed structure'' in place of ''Shahi Idgah Mosque'' in the entire further proceedings of this original suit along with other connected matters.

The application was supported by an affidavit of advocate Mahendra Pratap Singh. On the other hand, a written objection was filed on behalf of defendants.

The order was passed by Justice Ram Manohar Narain Mishra hearing a bunch of original suits relating to Krishna Janmabhoomi and Shahi Idgah mosque dispute in Mathura.

The applicant had submitted before the court that the mosque was constructed on the exact site that is historically recognized as the original birth place of Lord Krishna, one of the most revered deities in Hinduism. From the Muslim side it was submitted that the application was filed with an intent to abuse the process of law. The mosque is there for over 400 years and its existence is sought to be undermined by the application which is not permissible under law. The trial of the suit is yet to commence. Allowing the present application will amount to pre-determination that Shahi Masjid Idgah is not a mosque at an early stage in the suit, they submitted.

After hearing counsels for the parties, the court observed, ''A bare perusal of the pleading of the parties in the suit reveals that there is dispute between the parties with regard to the site where Shahi Masjid Idgah is existing. Parties have claimed their respective title over suit property. Therefore, it may be termed as property in dispute.'' ''In pleadings of the parties also, the structure in question is referred as Shahi Masjid Idgah and at this stage where hearing of the suits is yet to commence and even issues have not been framed, it is neither desirable nor expedient to issue any direction to stenographer to refer Shahi Masjid Idgah as 'disputed structure'. There is no dispute with regard to identity of property in suit, therefore, the prayer made in the application A-44 cannot be granted at this stage.'' the court said.

The court fixed July 18 as the next date of hearing.

The Hindu side has filed 18 suits for possession of land after removal of the structure of Shahi Idgah masjid as well as for restoration of the temple and for permanent injunction.

Earlier, at one stage on August 1, 2024, the high court had rejected applications of the Muslim side challenging maintainability of suits of Hindu worshippers and held that all suits of Hindu worshippers are maintainable.

In the August 1 order, the court had also held that these suits are not barred by Limitation Act, Waqf Act and Places of Worship Act,1991, which prohibit conversion of any religious structure as existed on August, 15, 1947.

At another stage, on October 23, 2024, the high court had rejected an application moved by the Shahi Idgah mosque committee to recall the high court's January 11, 2024 order consolidating all suits filed in connection with the Shri Krishna Janmabhoomi-Shahi Eidgah dispute at Mathura.

The controversy is related to the Aurangazeb-era mosque which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)