HC dismisses Hindu side plea seeking use of ‘disputed structure' in place of Mathura's ‘Shahi Idgah mosque'
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Prayagraj: The Allahabad high court on Friday dismissed an application moved by the Hindu side seeking court direction that in the Krishna Janmabhoomi-Shahi Eidgah title dispute case, the word 'disputed structure' be used at the place of 'Shahi Idgah mosque'.
Earlier, during the court proceedings, an application was moved in original suit no. 13 of 2023 with prayer to direct the stenographer concerned to use word 'disputed structure' in place of order 'Shahi Idgah Mosque' in the entire further proceedings of this original suit along with other connected matters. The application was supported by an affidavit of advocate Mahendra Pratap Singh.
Subsequently, the written objection was filed on behalf of Muslim side, who are defendants in the suit.
The Hindu side had submitted before the court that the Shahi Idgah mosque in Mathura was constructed on the exact site that is "historically recognized" as the original birthplace of Lord Krishna, one of the most revered deities in Hinduism. The site holds immense religious significance for Hindus, as it is widely believed to be the precise location where Lord Krishna was born.
However, on the other hand, it was submitted on behalf of the Muslim side that the present application has been filed with an intent to abuse the process of law.
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According to them, the mosque has been in existence for the last over 400 years and its existence is sought to be undermined by the present application, which is not permissible under law. The trial of the suit is yet to commence. Allowing the present application will amount to pre-determination that Shahi Masjid Idgah is not a mosque, at an early stage, in the suit.
While dismissing the application on Friday, Justice Ram Manohar Narain Mishra observed, "A bare perusal of the pleading of the parties in the suit reveals that there is dispute between the parties with regard to the site where Shahi Masjid Idgah is existing.
Parties have claimed their respective title over suit property. Therefore, it may be termed as property in dispute."
"In pleadings of the parties also, the structure in question is referred as Shahi Masjid Idgah and at this stage, where hearing of the suits is yet to commence and even issues have not been framed, it is neither desirable nor expedient to issue any direction to stenographer, as prayed by the applicants, to refer Shahi Masjid Idgah in judgments and orders as 'disputed structure'. There is no dispute with regard to identity of property in suit, therefore, the prayer made in the application cannot be granted at this stage," the court further said.
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