The Supreme Court of India has extended the stay on survey of the Shahi Edigah till November, in a case in which the Allahabad High Court has said that suits filed on the issue are not barred by the Places of Worship Act.
The Act prohibits a change in the nature of a place of worship and stipulates that the status quo shall be maintained as existed on August 15, 1947. The Ram Janmbhoomi was the only exception to this Act.
The High Court’s approval of the survey came in December 2023. In January this year, the Supreme Court had stayed such a survey.
The crux of the issue is, while the Hindu side is arguing that a survey must be conducted to determine whether the nature of the place of worship is Hindu or Muslim, the Muslim side has argued that the constitutionality of the Places of Worship Act cannot be challenged through civil suits. The Hindu side wants the removal of the Shahi Idgah mosque from the 13.37-acre complex in Mathura, where the Katra Keshav Dev temple is located.
In 2023, the High Court allowed the appointment of a commissioner under which the premises can be surveyed.
The Hindu side’s argument has been that an examination of the nature of the place of worship is not barred by the Places of Worship Limitation Act as its nature as a Hindu place of worship shall remain. The Muslim side on its part has argued that as per an agreement reached in 1968 between the Hindu and Muslim sides, the mosque’s existence has been recognised and namaz is being offered at the site to date. To this, the Hindu side has said that in the said agreement, the deity -- Sri Krishna Lalla Virajman was not a party hence the understanding is not enforceable.
The Muslim side has further argued that the land in question belongs to the Waqf Board and any disputes relating to it can only be addressed by the Waqf Tribunal; the High Court thus does not have the right to entertain any suits pertaining to the same.
The Waqf contention has been dismissed by the Hindu side which maintains that the definition of such properties cannot be extended to include those the ownership of which is disputed by Hindus and Muslims.