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UP court orders survey of Mathura mosque complex
Similar applications seeking survey of the Shahi Eidgah Mosque complex were moved earlier by different petitioners, but were opposed by the counsel appearing for the mosque committee. In all other cases, orders are yet to be passed.
Agra: A local court in Uttar Pradesh’s Mathura has ordered a survey of the Shahi Eidgah mosque complex, adjoining the Sri Krishna Janmabhoomi temple, and sought a report on January 20, a lawyer familiar with the development said on Saturday.
The order by civil judge senior division (Court No. 3) Sonika Verma came on December 8 in a petition filed on the day by two members of a right-wing organisation, seeking the shifting of the Shahi Eidgah mosque claiming that it was constructed on 13.37-acre land of the Sri Krishna Janmabhoomi trust through the alleged demolition of a temple by Mughal emperor Aurangzeb, said the petitioners’ counsel Shailesh Dube.
“The order came while disposing application no. 9C moved by Hindu petitioners, who sought a spot survey report through court ‘ameen’ (staff designated by court) who was also asked to serve notice and copy of order on parties to the case,” said Dube.
“On December 8, 2022, the court ordered the ‘ameen’ to conduct inspection of the disputed site after informing the parties to the suit and submit its report, along with the map drawn of the spot, in court,” the counsel said.
The petitioners in the case are Delhi-based president of Hindu Sena, a right-wing organisation, Vishnu Gupta, and Surjit Singh Yadav, the vice-president of the outfit and a resident of Gurugram in Haryana. Both have filed the case on behalf of Bhagwan Bal Krishna Virajman Thakur Keshav Dev Ji Maharaj (the personification of deity, Lord Krishna).
“The petitioners were asked to take steps within three days of the order. The first date fixed in case was December 22, but the presiding officer was on leave that day, the case will now be taken up on January 20 after the winter vacation,” added Dube.
Similar applications seeking survey of the Shahi Eidgah Mosque complex were moved earlier by different petitioners, but were opposed by the counsel appearing for the mosque committee. In all other cases, orders are yet to be passed.
Like in previous petitions, the management committee of the Shahi Eidgah Mosque in Mathura, the Uttar Pradesh Sunni Central Waqf Board in Lucknow, Sri Krishna Janmabhoomi Trust and Sri Krishna Janmasthan Seva Sansthan have been impleaded as defendant in the present case (No. 839 of 2022).
The petition has also challenged the settlement dated October 12, 1968 between Sri Krishna Janmasthan Seva Sangh and Shahi Masjid Eidgah, which was part of suit no. 43 of 1967, and sought cancellation of judgment and decree based on it. The petitioners have moved an injunction application, which is to be heard.
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.
Tanveer Ahmed, the counsel and secretary for the Shahi Eidgah Mosque management committee, alleged that the petitioners had “misled” the court and attained the order without proving the need and urgency for survey to be undertaken.
“We have not been served any summons in the case, thus not have even appeared in the case and came to know about such an order for a survey of the mosque premises from sources other than the court procedure,” said Ahmed. “The courts have closed for the winter vacation. On opening of the court in the first week of January, we will file our objections against any survey as ordered by court.”
He said that such applications for survey of the mosque were filed in almost a dozen cases, but the order in this instance came on the day the application was moved.
The management committee for Shahi Eidgah Mosque has been invoking the Places of Worship Act (Special Provisions) Act 1991, which states that the religious character of a place of worship existing on August 15, 1947 shall continue to be the same as it existed on that day, to challenge the maintainability of petitions seeking removal of the mosque. In the past too, the mosque committee pleaded that the challenging of the settlement reached in 1968 is a time barred plea with petitioners having no locus standi to file the suit.
