All cases linked to the Krishna Janmabhoomi-Shahi Idgah mosque dispute will now be heard by the Allahabad High Court, the HC ruled on Friday, allowing the plea filed by the Hindu side seeking a transfer of the suit from the trial court in Mathura.
A bench of Justice Arvind Kumar Mishra passed the orders on Friday over weeks after the High Court on May 3 reserved its judgment on a petition seeking the transfer of the case to the High Court on grounds that it was a matter linked to the faith of crores of Lord Krishna devotees and is thus of national importance.
Also Read: Krishna Janmabhoomi row: Mathura court allows lawsuit demanding removal of Shahi Idgah mosque
The case relates to the suit filed by the Hindu side seeking the removal of the Mathura Shahi Idgah Masjid on the ground that it was built over Krishna Janmabhoomi land.
The petitioners had further submitted that the case concerns substantial questions of law and issues linked to the interpretation of the Constitution.
Also Read: What is the Places of Worship Act, the decades-old law at the centre of the Gyanvapi Mosque case?
The suit was initially dismissed by a civil court in September 2020 citing a bar on admitting cases under the Places Of Worship Act, 1991. The decision was eventually challenged in the Mathura district court which held in May 2022 that the suit was maintainable and overturned the civil court order.
The plea seeks a declaration of the Hindu side’s claim over the Shahi Idgah mosque stating that it was constructed after demolishing Hindu temples and that such construction cannot be a mosque since no Waqf was created. The plea further states that the land was never dedicated to the construction of the mosque at all.
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