Allahabad HC allows survey at Mathura's Eidgah mosque site

The Allahabad High Court on Thursday ordered a survey of the Shahi Eidgah mosque abutting the Krishna Janmabhoomi temple in Mathura, opening a new chapter in the decades-old dispute that is part of a raft of cases where Hindu petitioners are pushing for legal change to gain rights over Islamic holy sites.

- Jitendra Sarin

The high court agreed to appoint an advocate-commissioner to oversee the survey of the mosque, which Hindu petitioners say holds signs proving that it was a once a Hindu temple.

The survey will be conducted on the lines of a similar but controversial exercise at the Gyanvapi Masjid in Varanasi last year, when Hindu petitioners claimed that a disputed structure found in the mosque premises was a “shivling”, though Muslims said it was part of a ritual ablution fountain.

Justice Mayank Kumar Jain said the modalities of the survey will be discussed at the next hearing on December 18. “As far as the modalities and composition of the commission is concerned, this court feels it proper to hear the learned counsel of all the parties for such purposes,” justice Jain said.

The petition was filed by a Lucknow-based lawyer and six others as the “next friend” of Bhagwan Sri Krishna Virajman, the presiding deity at the Mathura temple. Next friend is a legal representative of someone incapable of maintaining a suit directly.

The suit claimed that Shahi Eidgah Masjid was constructed on a part of 13.37-acre plot belonging to the Sri Krishna Janmabhoomi Trust. They demanded the mosque be removed and the land returned to the trust because it is the mythical birthplace of Lord Krishna.

The applicants had sought a commission comprising three advocates with a direction to submit the report.

“It is also to be kept in mind that by appointment of a panel of three advocates as commission, either party would not suffer any harm or injury. The commissioner report does not affect the merits of the case,” the judge said.