E-Paper
Plea in Mathura court for official spot inspection of Shahi Eidgah mosque
The application was moved before the court of civil judge (senior division), Mathura, Jyoti Singh by one of the petitioners in the Sri Krishna Janmabhoomi-Shahi Eidgah mosque dispute case
An application moved before a local court in Mathura on Monday sought directions for the appointment of an advocate commissioner to conduct a spot inspection of the Shahi Eidgah mosque, adjoining the Sri Krishna Janmabhoomi, to find any traces of presence of Hindu religious symbols.
The application was moved before the court of civil judge (senior division), Mathura, Jyoti Singh by one of the petitioners in the Sri Krishna Janmabhoomi-Shahi Eidgah mosque dispute case. The petitioners have sought the removal of the mosque allegedly built on orders of Mughal emperor Aurangzeb in 1669-70 near the birthplace of Lord Krishna. Hearing in the petition is scheduled for Tuesday.
The application mentioned an order passed by a Varanasi court in the Gyanvapi mosque-Shringar Gauri sthal case, wherein an advocate commissioner was appointed to conduct survey of several deities in the Kashi Vishwanath-Gyanvapi mosque complex.
“There are still remains of Hindu religion, including (religious markings such as) Om, Swastika and Sheshnaga (Hindu mythological serpent), within the Shahi Eidgah mosque which can prove it was originally Thakur Keshav Dev Temple, which was demolished to construct a mosque,” said Mahendra Pratap Singh, the counsel for the petitionerThakur Keshav Dev Ji Maharaj. “These facts are important for disposal of the case, but those managing the Shahi Eidgah mosque are inclined to remove these symbols of Hindu religion. Thus, it is necessary that a survey, including videography and photography of the mosque premises, be conducted as being done at the Kashi Vishwanath temple-Gyanvapi Mosque complex in Varanasi.”
Copies of the application have been provided to the lawyers of the Shahi Eidgah mosque so that the court might hear it on Tuesday, said lawyer Mahendra Pratap Singh, who is one of the petitioners in the case. “The matter is urgent and requires prompt hearing because evidences at the mosque might be removed. The respondents are changing the status of the property in dispute and thus the need for an expert commission is urgent.”
The other petitioners in the case are Jai Bhagwan Goyal from Delhi, Saurabh Gaur from Vrindavan and Rajendra Maheshwari from Mathura.
Tanveer Ahmad, counsel for the management committee of the Shahi Eidgah mosque, denied receiving a copy of the application.
“These are delaying tactics by the petitioners and such an application for the appointment of an advocate commissioner cannot be heard at this stage when the Shahi Eidgah management committee has challenged the maintainability of the suit,” Ahmad said.
An application seeking the appointment of advocate commissioner had been moved in the past as well and is yet to be disposed of.
“The management committee of the Shahi Eidgah (mosque) had moved an application challenging the maintainability of the suit before civil judge (senior division) in Mathura and had prayed for dismissal of the suit under Order 7 Rule 11 of the Civil Procedure Code,” Ahmed said.
The application challenging the maintainability of the ongoing suit is based on the provision laid in the Places of Worship (Special Provisions) Act, 1991, which prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947, Ahmed said.
A suit was filed on December 23, 2020, on behalf of the deity (Lord Krishna) seeking removal of the Shahi Eidgah (mosque), adjacent to the Sri Krishna temple complex in Mathura, and transfer of 13.37-acre land to the deity.
The petitioners in the cases have challenged the settlement dated October 12, 1968 between the Sri Krishna Janmasthan Seva Sangh and Shahi Masjid Eidgah, which was part of suit no. 43 of 1967. The petitioners have alleged that the settlement had no legal validity because the Sri Krishna Janmabhoomi Trust, having ownership and title, was not party to it and sought an order on transfer of the Eidgah mosque land to the deity.
However, the management committee of Shahi Eidgah mosque objected to the petition, claiming it has been filed after a long delay as the compromise entered was in 1968 while the judgment and decree in case no. 43 of 1967 were passed in 1974.
