Allahabad High Court has said the case against the Shahi Idgah mosque in Mathura, which according to Hindu petitioners was built after razing a portion of the Sri Krishna Janmasthan temple, is maintainable and that all the 18 pending civil suits would be heard from August 12.
The court of Justice Mayank Kumar Jain had reserved its order in May; it was released on Thursday.
Citing the Places of Worship (Special Provisions) Act, 1991, the management committee of the Shahi Idgah had appealed to the high court to immediately put on hold the hearings of all the petitions against the mosque.
The Hindu petitioners claim that a portion of the Sri Krishna Janmsthan temple was razed and the Shahi Idgah built at the site during the rule of Mughal emperor Aurangzeb. They have sought court permission to take over the plot where the mosque stands.
But the 1991 Act cited by the Muslim side advocates status quo at any religious structure as it existed on August 15, 1947. This Act applies to all religious structures except the erstwhile Babri Masjid in Ayodhya.
“The court said that the objection of the masjid committee is not maintainable and posted the cases for hearing on August 12,” said Prabhas Pandey, one of the lawyers for the Hindu petitioners.
Pandey added: "There is a related case of Muslim petitioners pending in the Supreme Court. We will move the SC to get that petition vacated. We will also file a caveat against any appeal by the Muslim side in the SC against the HC order."
Members of the mosque committee didn't come forward with their reactions but Fazil Ahmad, a local Muslim leader, said: "We don’t make any comment on court orders. But we have the legal right to appeal in the higher court against a lower or high court’s order. We will study the HC order and plan accordingly."
The BJP government in Uttar Pradesh quickly got into celebratory mood.
Deputy chief minister Keshav Prasad Maurya said: "It is a welcome decision. The opposite side may go to any court but we have every reason to welcome the HC order and hope that we are moving towards our target."
He added: "Lord Ram and Lord Krishna are part of India’s culture. The court’s order is encouraging."
A few BJP members and seers who live near the Sri Krishna Janmasthan temple distributed sweets among themselves.
"This order will prove a milestone in the ongoing petitions against the Shahi Idgah. We had moved the court against the objections from the members of the Shahi Idgah in 2020, and today we have won," said Vishnu Shankar Jain, a lawyer for the Hindu side.