The Allahabad High Court on Wednesday dismissed a Public Interest Litigation seeking recognition of Mathura’s Shahi Idgah Mosque site as Krishna Janmabhoomi. The verdict had been reserved by the High Court on September 4.

During the course of the hearing before the Division Bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava, petitioner-in-person Advocate Mehek Maheshwari argued that various historical records cite the factum that the disputed site, the Shahi Idgah mosque, is the actual birthplace of Lord Krishna and even the history of Mathura dates back to the Ramayana era and Islam came just 1,500 years ago.

He contended that the Shahi Idgah was not a proper mosque as per Islamic jurisprudence as a mosque cannot be on a ground forcibly acquired whereas as per Hindu jurisprudence, it is a temple as even ruins of a temple can constitute a temple.

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Regarding the bar placed by the Places of Worship Act, of 1991, Maheshwari submitted that since the land had always been temple land, no question of changing its nature arose.

He referred to the judgment of the Madras High Court in the TRK Ramaswami Servai vs the Board of Commissioners for Hindu Religious Endowments.

He further stressed that during a settlement, out of 13.37 acres of land, 2.37 acres were given to the Shahi Idgah Mosque which suggested it was a temple, although a mosque might be situated over it. Earlier, the PIL was dismissed in default by the court on January 19, 2021, on account of the absence of the petitioner but it was again restored to its original number.

In his petition, Maheshwari stressed that the masjid is not an essential part of Islam, therefore the Shahi Idgah Mosque situated in Mathura should be razed and that land, allegedly Krishna Janmabhoomi, should be handed over to the Hindus.

He also urged the court to declare Sections 2,3, 4 of the Places of Worship Act, 1991 as unconstitutional contending that these provisions violate the doctrine of Hindu law that temple property is never lost even if enjoyed by strangers for years.

It was also one of Maheshwari’s prayers that a proper trust for Krishna Janmabhoomi should be formed for building a temple on the said land.

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