2. Judicial Order for Inspection

• In a recent development, Justice Mayank Kumar has pronounced an order for the inspection of Shahi Idgah Jain. The directive emphasized the need to strictly maintain the sanctity of the campus during the execution of the commission.
• A plea for a survey was submitted on behalf of the Hindu deity Shri Krishna and seven others. The original suit, currently pending before the court, asserts that the mosque was constructed over the birthplace of Shri Krishna, allegedly on the orders of Mughal emperor Aurangzeb in 1670.
• Following the Babri Masjid judgment in 2019, a total of nine cases related to the Shri Krishna Janmabhoomi and Shahi Idgah Masjid have been filed in the Mathura court, reflecting ongoing disputes and legal actions.
• In a significant development earlier this year, the Allahabad High Court took a proactive step by transferring all suits pending before the Mathura Court to itself. These suits encompass various reliefs concerning the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute, consolidating the legal proceedings under its jurisdiction.

3. Masjid's Position in Legal Dispute

• The U.P. Sunni Central Waqf Board and the Shahi Idgah Masjid Committee, representing the mosque's interests, presented their arguments in the High Court.
• They asserted that the Shahi Idgah Masjid is not situated within the specified 13.37 acres of land at Katra Keshav Dev.
• Additionally, they contended that there is no factual basis supporting the plaintiffs' claim that the birthplace of Lord Krishna is beneath the mosque.
• According to them, the plaintiffs' assertions are mere guesswork and lack substantiation through any documentary evidence.
• When the Committee of Management Trust of the Shahi Idgah Masjid sought a stay on the survey by approaching the Supreme Court, the apex court declined to provide relief.
• Justice Sanjiv Khanna, presiding over a two-judge Bench, informed the mosque's advocate Huzefa Ahmadi that no stay would be granted at that stage.
• The court encouraged the continuation of the survey process, with the option for the mosque to challenge any adverse order in the future.

5. Historical Background of the Land

• The current survey stems from the Hindu representatives' demand for complete ownership of the land where the Keshava Deva temple once stood. The temple, initially built in 1618 during the reign of Jahangir by Bir Singh Bundela, was later destroyed on the orders of Mughal emperor Aurangzeb in 1670. Interestingly, the temple had received patronage from Aurangzeb's brother and rival, Dara Shukoh.
• In 1815, Raja Patni Mal of Benaras purchased the 13.77-acre land from the East India Company. Subsequently, his descendants sold the land to Jugal Kishore Birla for ₹13,400. Jugal Kishore Birla established the Shri Krishna Janmabhoomi Trust, gaining ownership rights over the temple and the land.
• In 1951, the 13.77-acre land was officially placed under the Shri Krishna Janmabhoomi Trust. A critical condition was imposed on the trust, ensuring that the trust property would never be sold or pledged.
• In 1968, an agreement was forged between the Sri Krishna Janmasthan Seva Sangh and the Shahi Idgah Masjid Trust. As part of this settlement, the temple authority conceded a portion of the land to the Idgah. The agreement established a historical arrangement between the temple and the mosque. However, the current dispute arises as the temple petitioners now seek possession of the entire parcel of land, leading to the survey and legal proceedings.