On Tuesday, the Supreme Court stayed the Allahabad High Court’s order for an advocate commissioner to survey the Shahi Eidgah mosque adjoining the Krishna Janmabhoomi temple in Mathura. However, the issue has been a contentious legal battle in India, and the recent Supreme Court order has only heightened the tensions.
About Krishna Janmabhoomi-Shahi Eidgah Mosque dispute
The Krishna Janmabhoomi- Shahi Eidgah case is a decade-old dispute that pertains over the site in Mathura where the petitioner claims that the Shahi Eidgah mosque holds signs that it was a Hindu temple once. The Hindu petitioner believes that the mosque stands on the exact spot where Lord Krishna was born, and claims it was built by Mughal Emperor Aurangzeb in the 17th century after demolishing a Hindu temple.
On the other hand, the Muslim side asserts that the mosque has existed for centuries and was not constructed on any temple ruins. However, the dispute over the site led to the archaeological survey of Eidgah mosque, ordered by the Allahabad High Court.
Allahabad High Court’s order
The Allahabad High Court on December 14, 2023, allowed the plea of the Hindu side to conduct a monitored survey of the Shahi Eidgah mosque’s premises to potentially determine if there are remnants of a Hindu temple beneath it. The order passed on an application of the litigant seeking restoration of the 13.37-acre land of the mosque.
Moreover, the mosque committee had challenged the order and sought rejection of the Hindu side’s plea over the land barred by the Place of Worship Act, 1991 (Under Order VII Rule 11 CPC). However, the decision is currently challenged in the Supreme Court.
Supreme Court’s order over the Dispute
The bench of Justices called the application by the Hindu side, seeking the appointment of a local commissioner for the survey on the disputed site as ‘vague’. “You can’t file a vague application for the appointment of court commissioner…,” the bench told the senior advocate Shyam Diwan, appearing for Hindu bodies, who objected to the stay order, reported by the news agency PTI.
The bench comprising Justices Sanjiv Khanna and Dipankar Dutta was hearing the plea of the Committee of Management, Trust Shahi Masjid Eidgah challenging the Allahabad High Court order. Meanwhile, the top court issued notice to the Hindu bodies on seeking their response, while making it clear that the dispute will continue. Also, the case will be taken on January 23, until then it will be on the stay order.
Trajectory on the dispute
The land revered by the Hindus as Lord Krishna’s birthplace and cherished by Muslims as the historic mosque, has become a crucible of clashing claims and entangled histories. The dispute, simmering for decades erupted into legal battles with Hindus seeking reclamation of the site and Muslims defending their right to worship.
While, the Hindus point to ancient texts, and remnants, claiming the temple once stood where the mosque now stands. And the Muslima counter with their narrative, asserting the mosque’s long-standing presence. The courtroom has become the unlikely stage for this drama, with legal interpretations adding another layer of complexity. But yet a solution proves elusive, caught in the crossfire of faith and history.
Current Situation
The Supreme Court is currently hearing arguments from both sides and is yet to reach a final verdict. The decision is likely to have significant implications for both the Hindu and Muslim communities of India. The situation remains tense, with both sides holding strong beliefs and concerns. Maintaining peace and respecting religious sentiments will be crucial during this sensitive time.
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