The Allahabad High Court on Friday dismissed a petition seeking to refer to the Shahi Idgah mosque in Uttar Pradesh’s Mathura as a “disputed structure” in future proceedings in the ongoing suit, Live Law reported.

Justice Ram Manohar Narain Mishra was hearing an application filed by advocate Mahendra Pratap Singh. The judge said that there was “no solid ground” to declare the mosque as a “disputed structure”, Deccan Herald reported.

The Shahi Idgah is located in a 13.3-acre complex. Hindu litigants have claimed that the mosque was built at the spot where the deity Krishna was born after demolishing a temple there.

Eighteen suits are pending before the High Court from the Hindu side, which primarily seek possession of the land after the removal of the mosque, as well as the restoration of the temple and a permanent injunction in the matter, PTI reported.

In his petition about referring to the mosque as a “disputed structure”, Singh said that there was no mention of the mosque in revenue records nor any proof of payment of municipal taxes, Deccan Herald reported. He also cited other government documents and historical texts to support his claim.

On the other hand, the Muslim side told the bench that the mosque existed for several centuries, adding that it was not proper to refer to it as a “disputed structure”. It also questioned the authenticity of the documents presented by Singh.

Background

On December 14, 2023, the High Court allowed a petition demanding that a court commissioner be appointed to inspect the Shahi Idgah mosque adjoining the Krishna Janmabhoomi temple in Mathura.

The petitioners in the case have demanded full ownership of 13.3 acres of land around the mosque, claiming that it is the birthplace of Krishna.

Advocate Vishnu Shankar Jain, representing the petitioners, had told media persons that there were several indications of the presence of a Hindu temple at the site, but to know its actual position an advocate commissioner is required.

The suit was filed after the High Court on May 26, 2023, transferred to itself all the petitions pending before a Mathura court seeking various reliefs, including the removal of the mosque.

The mosque’s management committee had challenged the High Court order in the Supreme Court.

The mosque committee had argued that the High Court should have considered its petition for rejection of the plaint by the Hindu bodies before deciding on any miscellaneous applications filed in relation to the suit.

It had sought rejection of the petition on the grounds that the lawsuit was barred by the 1991 Places of Worship Special Provisions Act, which prohibits altering the religious character of places of worship as they existed on August 15, 1947.

On January 16, 2024, the Supreme Court stayed the High Court order allowing the survey. A year later, the top court extended its stay of the order on January 22.

The extension came more than a month after the the Supreme Court barred trial courts from passing orders, including survey directions, in pending lawsuits concerning the Places of Worship Special Provisions Act.

It also said that no new suits can be registered in any court across the country until further orders while it hears a clutch of petitions challenging the constitutional validity of the Act.

The order came amid growing concerns about the increasing number of lawsuits by Hindu parties claiming ownership of mosques and dargahs.