The Allahabad High Court, following recent events, has decreed that a survey will be conducted for the Shahi Idgah mosque in Mathura. This three-domed mosque stands adjacent to the Krishna Janmabhoomi temple and is currently under scrutiny. Consequently, the court is seeking the appointment of a commission to inspect the mosque.
A Brief History of the Disputed Land
The land in question has an intriguing history. In 1618, Raja Veer Singh Bundela of Orchha constructed a temple there, replaced in 1670 by a mosque built by Aurangzeb. This site initially housed the Krishna Janmasthan temple, believed to be erected approximately 2,000 years ago during the 1st century CE.
Due to Hindu representatives demanding complete ownership over this site—where the Keshava Deva temple was destroyed in 1670—the court ordered a survey. The Marathas, followed by the British, owned this land, named nazul land. This temple was initially built in 1618 during Jahangir’s reign and was later patronized by Dara Shukoh, Aurangzeb’s brother, and rival.
The 13.77-acre land was purchased from the East India Company in 1815 by the Raja of Benaras. Afterward, the Shri Krishna Janmabhoomi Trust was established. The trust obtained ownership rights over the temple in 1951, with the caveat that the land could neither be sold nor pledged.
The Current Dispute and Status of the Issue
Currently, temple petitioners are demanding possession of the entire parcel of land. This plea for a survey was brought forward on behalf of the Hindu deity, Shri Krishna, and seven others. These petitioners claim that Mughal emperor Aurangzeb constructed the mosque over Shri Krishna’s birthplace in 1670.
Following the 2019 Babri Masjid judgment, nine related cases have been filed in the Mathura court. The Allahabad High Court has since taken on all suits concerning the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.
In court, the U.P. Sunni Central Waqf Board and Shahi Idgah Masjid Committee stated that Lord Krishna’s birthplace does not lie under the Mosque, arguing the plaintiffs’ claim as speculative and lacking evidence. A stay on the survey requested by the Shahi Idgah Masjid Management Trust was not granted by the Supreme Court.
Understanding the Places of Worship Act,1991
The Places of Worship Act, 1991 was enacted to maintain religious places of worship as they were on August 15, 1947. This act prohibits the conversion of any place of worship from one religion to another and ensures the preservation of their religious character.
Key provisions of this act prevent the conversion of a place of worship (Section 3) and mandate the maintenance of its original religious character (Section 4(1)). Additionally, it terminates any legal proceedings regarding the conversion of a place of worship’s religious character before August 15, 1947 (Section 4(2)).
This act exempts ancient and historical monuments, archaeological sites, and remains covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Section 5). It also does not apply to the Ram Janmabhoomi-Babri Masjid in Ayodhya and its associated legal proceedings. Violations of the Act can lead to penalties, including a maximum imprisonment term of three years and fines (Section 6).
The Allahabad High Court’s recent stance in the Gyanvapi case suggests that the Places of Worship Act, 1991 does not clarify the “religious character of any place of worship” and can only be decided in a trial on a case-to-case basis through documentary and oral evidence.
