The Supreme Court asked the Muslim petitioners to first decide whether they intend to challenge the single bench decision in the double bench of Allahabad High Court.
The Supreme Court of India touched on the Krishna Janmabhoomi dispute today, after a challenge from the Muslim side against a decision by one bench of the Allahabad High Court. In today’s proceedings, the Supreme Court did not impose any stay or issue new directives regarding the matter.
It has directed the Muslim petitioners to first decide whether they intend to challenge the single bench decision in the double bench of the Allahabad High Court. The Supreme Court has indicated that it will take up the case for hearing in the week beginning November 4, pending the outcome of the petitioners’ decision.
Some Key Points:
- November is the dateline when the Supreme Court will take up the petition having to do with the Shahi Idgah Mosque.
- The court is ready to carry on with the review of the petition concerning the Idgah Mosque.
- Proceedings pertaining to this case are without interruption in the Allahabad High Court.
- The Supreme Court will take up the Idgah Mosque case as part of the many pending cases that aggregate this case.
High Court Ruling and Conclusion
In a landmark judgment, the Allahabad High Court, through Justice Mayank Kumar, allowed the suits filed by 15 Hindu groups in a move that may make a difference for the pending cases with the same issues. The reopening of hearings was made possible due to the application of the Shahi Idgah Masjid’s law team, which asked for review and video recordings of the hearings.
Validity Of The Petitions In Dispute
Representatives for the Shahi Idgah Intezamia Committee, which manages the mosque, also argue that the petitions filed are not valid. The Hindu petitioners maintain that the mosque was raised on the debris of a temple dedicated to Lord Krishna and raised the Lotus carving features and motifs with allusion to the’sheshnag’—a serpent deity in Hindu mythology as evidence.
Legal Defense Under Places of Worship Act
The Places of Worship Act of 1991 remains the backbone for the Muslim side, arguing that the religious character in places of worship as it existed on August 15, 1947—the day India gained independence—should be maintained in all cases. By such legislation, they argue that the mosque must be protected from altering its legal status.
Land Dispute Under Historical Circumstances
The controversy over the land started in 1968 when the Shri Krishna Janmasthan Seva Sansthan and the Shahi Masjid Idgah Trust reached an agreement. Under this agreement, 10.9 acres of land were assigned to Krishna Janmabhoomi while the rest 2.5 acres were kept for a mosque.
Earlier Steps By The Supreme Court
Earlier in December of the previous year, the Supreme Court had refused to stay a High Court order that allowed a “scientific survey” of the disputed site. But it put a stop to the survey in January after raising questions on the clarity of its purpose post the appointment of a commissioner for conducting the survey.
