Supreme Court Stays Mathura Shahi Idgah Survey, Citing Lack of Clarity in Hindu Party’s Demand

The Supreme Court has stayed the Allahabad High Court’s order to survey the Sri Krishna Janmabhoomi-Shahi Idgah premises in Mathura. During the hearing on Tuesday, the Supreme Court stated that the demand from the Hindu side is not yet clear. Consequently, the court has decided to keep all parties on hold until another order is issued by the High Court Commissioner. The Hindu side has also been served with a notice in this regard. The next hearing for this case is scheduled for January 23.

In addition, the Supreme Court mentioned that all related matters, apart from the Shri Krishna Janmabhoomi-Shahi Idgah dispute, will continue to be heard in the Allahabad High Court. The decision of the High Court Commission on all matters is pending before the Supreme Court, as the Muslim side had filed a petition in the Supreme Court.

Previously, on December 14, the Allahabad High Court had accepted the petition from the Hindu side, and an order was issued to appoint a commissioner to conduct the survey of the premises. The High Court had rejected the Muslim side’s plea, stating that the evidence provided by the Waqf Board was not maintainable.

Justice Manku Kumar Jain of the Allahabad High Court’s single bench had issued this decision. The dispute revolves around the 13.37-acre land of Shri Krishna Janmabhoomi-Shahi Idgah. Therefore, the Hindu side has requested the Supreme Court to stay the proceedings against them until the next date.

Hindu Side’s Reaction – All Will Come Forward If Decision Is Made

Reacting to the court’s decision, Dinesh Sharma, the chief of the Shri Krishna Janmabhoomi Mukti Yagna Trust, stated, “The Hindu side has ancient evidence. The name in the land deed is of the Hindu side. The tax for the municipal corporation is also paid by the Hindu side, so everything will be clear one day. Why? Because the decision is based on the evidence presented in court.”

Meanwhile, the Muslim side has succeeded in halting everyone for a few days. The Muslim side desires to create a blockade for everyone for a few days, thinking that if everything stops, then things will eventually be resolved.

Hindu Parties Counted the Decision as Unlawful

The agreement on the Shri Krishna Janmabhoomi-Shahi Idgah case was reached on October 12, 1968. In this agreement, approximately 13.37 acres of land, out of which about 2.37 acres were given for the Shri Krishna Janmabhoomi. After this agreement, the Shri Krishna Janmabhoomi Seva Sangh, an assisting organization of the Shri Krishna Janmasthan Trust, was given approximately 2.37 acres of land for the Shri Krishna Janmabhoomi.

However, after this agreement, the Shri Krishna Janmabhoomi Seva Sangh was dismantled. The Hindu side has continuously declared this agreement as unlawful. According to the Hindu side, the Shri Krishna Janmabhoomi Seva Sangh had no right to break this agreement.

What Was the Agreement of 1968?

In 1946, Jugal Kishore Birla established the Shri Krishna Janmabhoomi Trust to manage the land. Jugal Kishore passed away in 1967. According to court records, before 1968, the campus was not well-developed, and many people were living on the 13.37 acres of land.

In 1968, the Trust reached an agreement with the Muslim community. As part of this agreement, the entire management of the Shahi Idgah Mosque was handed over to the Muslims. After the 1968 agreement, the buildings in the vicinity where Muslims resided were asked to be vacated. A wall was built between the mosque and the temple, with no common gates or doors. Two separate worship areas were created by the wall.

Opponents argued that the 1968 agreement was fraudulent and legally invalid. They contended that no resolution in any circumstance could diminish the rights of deities, as deities were not part of the functioning of the court.

Controversial Land Rights: Who Owns the Disputed Land?

The Shahi Idgah Mosque was built in 1670 by Aurangzeb. It is believed that this mosque was constructed on the site of an ancient temple. The Nizam Jumla land refers to the land considered as barren, and it was counted as such. Before that, the area was under the rule of the Marathas and later the British.

In 1815, the king of Banaras purchased this 13.37-acre land in Harajee from the East India Company, where the Idgah Mosque is now built, with the intention of making it the birthplace of Lord Krishna.

This land was sold by the king of Banaras to Jugal Kishore Birla, and it was noted by Pandit Madan Mohan Malaviya, Goswami Ganesh Datt, and Bhikhen Lal Ji Atreya. Jugal Kishore established the Shri Krishna Janmabhoomi Trust, acquiring the rights to the Katara Keshav Dev temple.

Rights of the Deity: What Rights Does the Deity Have?

According to Indian law, deities are considered legal entities with judicial rights in the place of a natural person. Deities have the legal rights to possess, sell, purchase, transfer property, and engage in legal disputes in court. Minors can also represent deities in court cases. Hindu deities have property rights under Hindu succession laws.

Niyati Rao

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