In a legal battle over the Sri Krishna Janmabhoomi and the royal Idgah mosque in Mathura, the Allahabad High Court on Friday rejected the Hindu side’s petition to declare the Shahi Idgah Mosque located in the Shri Krishna Janmabhoomi campus as a ‘disputed structure’. The petition sought to record the mosque as an officially disputed site in the court records and all further proceedings. The court verbally dismissed the petition and said that the application filed by the Hindu side in this regard is being “rejected”. This decision may be considered a relief in a long -standing legal battle, but whatever decision on the Sri Krishna Janmabhoomi and the royal Idgah land dispute in the struggle of judicial approach and cultural identity will be very effective, justified. Therefore, by reaching such a strong decision, one should move forward with full caution and patience. This decision has revealed a new attitude in this dispute, which is important and considering.
In the petition, it demanded that the word ‘disputed structure’ be used in place of the word ‘Shahi Idgah Mosque’, if this literal change was made, it would have been like a decisive decision on the dispute. Due to which the possibilities of unnecessary dispute or hurdle thrives. This controversy could also take politics, surely if there was politics, then the final decision would take unnecessarily time. Also, the possibility of disturbance will also increase. Therefore, the decision of the court should be seen from a positive perspective. If this attempt of new naming has failed in the High Court, then there is no surprise, nor is there a victory of any side and the defeat of any side. In such a sensitive issue, this nomenclature would affect the entire trial, so the court has taken a wisely correct decision. The place of ‘Sri Krishna Janmabhoomi’ is not only the center of faith of crores of Hindus, but also an indelible symbol of Indian culture and history. However, a long dispute has been going on with the royal Idgah Mosque located at this holy site, which is now seen taking a decisive turn on the frame of the court.
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The petitioners of the Janmabhoomi side claim that the royal Idgah mosque is located at the birthplace of Lord Krishna, so the birthplace side should be given possession of land. The structure of the mosque should be removed, the original temple should be constructed, Muslim religious activities should be banned there. With these demands, about 18 cases have been filed by the birthplace side. Their hearing will continue unchanged. No effect will be on the basic cases of rejecting naming application. Now both sides should introduce full restraint. The latest stance of the court is neither a big defeat for anyone nor a big win for anyone. The important thing is that the petitions filed in favor of Janmabhoomi are considered to be listened by the court. Earlier these petitions were challenged by the Idgah side, but the court rejected the challenges. On August 1 last year, the High Court had dismissed the petitions filed by the birthplace side by rejecting the objections of the Idgah side based on the Waqf Act, the place of worship act, 1991 and other laws. Now that the hearing has gone ahead, then it should be moved forward with such precautions that Shri Krishna is free from Muslim occupation and takes shape of the construction of the temple there.
Hindu petitioners argued that the symbols and design of Hindu deities are still visible on the walls of the mosque. He further argued that only illegal occupation of land is not established ownership and he explained similarities with the Ayodhya dispute. Now that the court has made its stand clear on the efforts of naming or name change, the birthplace side should show preparations to reach and quickly to reach a big decision instead of trying to make small decisions, the better it is as soon as the dispute is resolved. Like Shri Ram Temple-Ayodhya, Sri Krishna’s birthplace should be freed and focused on the construction of a grand temple there. It may be late but the court’s decision is to come in favor of Shri Krishna Janmabhoomi, as this dispute has sufficient documents or evidence in the birthplace side, which is to be tested in the court. Undoubtedly, a decision will come only after the entire test and idea. But the directions of this decision are clear from the quotes and evidence described as the birthplace of Lord Krishna in the Puranas, epics and historical records. In the 17th century, during the reign of the Mughal ruler Aurangzeb, the temple built on the Sri Krishna Janmabhoomi was demolished and the Shahi Idgah Mosque was built there. According to historians and archaeologists, this mosque was built on its remains to demolish the temple.
Gopeshwar Nath Chaturvedi, a member of the Shri Krishna Janmabhoomi Trust, said that the Sri Krishna Janmasthana Seva Sangh had signed a compromise in 1968 with the Shahi Masjid Idgah Committee at ten points without any rights. 13.37 acres of land is named after Shri Krishna Janmabhoomi Trust. When the land was not in the name of Shri Krishna’s birthplace Seva Sangh, then how can it be compromised? In 2020, the issue again came to the court through Shri Krishna Janmabhoomi liberation petition. The petition claimed that 13.37 acres of land is the birthplace of Lord Krishna and the Idgah Mosque present there is illegal. Also, the 1951 agreement was also demanded to be declared illegal, unconstitutional and void. From 2023, the Allahabad High Court and Mathura district courts started taking the matter seriously. The court allowed the Archaeological Survey of India to scientifically investigate the land, as in the Sri Ram Janmabhoomi case. The court has questioned the validity of the 1951 agreement as the Katra Keshavdev Trust could not be considered a sovereign representative of the birthplace.
The petitions of the birthplace side were denied dismissal in the initial stages and the trial of the case was allowed. The faith and historicity of millions of Hindus is that Sri Krishna’s real birthplace is under the present Idgah mosque. Archaeological evidence also confirm the remains of the temple. A clear mention of Aurangzeb breaking the temple and building a mosque is also found in the compositions of Persian inscriptions and historians. The law of the place of worship act-1991 talks about maintaining the position of August 15, 1947, but Sri Krishna Janmabhoomi is a living and sustainable place of worship, and requires exception as seen in the Ayodhya case. This dispute is not only a legal battle, but also the demand for India’s cultural consciousness and historical justice. This issue also expects the judiciary to be fair justice because it is associated with majority of public sentiments, historical facts and religious identity. The Sri Krishna Janmabhoomi and the royal Idgah dispute have now become a test of balance and balance of faith. Just as justice was conquered after centuries of struggle in Ayodhya, the Sri Krishna Janmabhoomi of Mathura is also waiting for justice. The new approach of the court has emerged as a ray of hope, which can pave the way to improve historical mistakes in the future.
– Fine Garg
Writer, journalist, columnist
(The author has his own views in this article.)