The Allahabad High Court in the case was hearing the plea moved concerning the Mathura’s Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, wherein an application has been moved in High Court seeking the appointment of the court commissioner in order to inspect the Mosque.
The bench headed by Justice Mayank Kumar Jain in the case observed and give liberty to the defendants (which includes the UP Sunni Central Waqf Board) for filing its objections to the same on November 07, 2023.
In the present case, the application has been moved under Order 26 Rule 9 CPC which has been filed by the deity (the Bhagwan Shri Krishna Virajman) and 7 others through advocates Hari Shankar Jain, Vishnu Shankar Jain, Prabhash Pandey, and Devki Nandan, wherein the application claimed that the Lord Sri Krishna’s birthplace lies beneath the Mosque and that there are many signs which establish that the Mosque is a Hindu temple.
Further, it has been submitted before the court that there exists a lotus-shaped pillar which is a classic characteristic of Hindu temples and an image of Sheshnaag, one of the Hindu deities who protected Lord Krishna on the night of his birth, is also present there.
It has also been added in the application that at the base of the pillar of the Mosque, Hindu religious symbols and engravings are also visible. The court observed that it has been prayed before the Allahabad High Court to appoint a Commission which consist of three advocates with specific directions to them for submitting its report. Further, the court seek direction for photography and videography of the entire proceedings.
The court also noted that the said application has been filed while advancing the argument that the factual aspects of the disputed structure have to be brought before the court for proper adjudication of the dispute as without the actual factual position of the disputed areas, thus, the effective adjudication of the case is not possible.
Therefore, the application in question has been moved in a pending original suit pending in the High Court, inter alia, wherein seeking the declaration that the land in dispute (which includes the area where Shahi Idgah Mosque is situated) vests in the deity Lord Shree Krishna Virajman and to direct the defendants (which includes UP Sunni U.P. Sunni Central Waqf Board) to remove the Mosque.
It has also been claimed in the suit that the Mathura’s Shahi Idgah mosque was built under the orders of Emperor Aurangzeb, adjacent to the Krishna Janmabhumi, the place which is believed to be the place where Lord Krishna was born, after demolishing a Hindu temple.
The Supreme Court is presently hearing the special leave petition filed by the mosque committee wherein it challenged the May 2023 order of the Allahabad High Court transferring to itself a clutch of suits over the ongoing land dispute.
The High Court in the case observed and has dismissed the public interest litigation, PIL wherein seeking the recognition of the disputed site as Krishna Janmabhoomi and the removal of the mosque after noting that several suits for declaration, injunction, and the right to worship at the site as well as for removal of the structure was already pending before it.