Allahabad HC allows construction of Idgah mosque in Mathura as a defendant in a suit alleging that Aurangzeb had carved Hindu idols on the steps of the Masjid

In the present case, the plaintiffs argue so Mughal Emperor Aurangzeb he demolished the Katra Keshdev Temple in 1670, looted valuable gold and diamond ornaments and placed the saint Dev Vigraha on the steps of the Jama Masjid in Agra, then the capital of the Mughal Empire. The lawsuit also seeks the removal of the Shahi Eidgah mosque.

Before the Court, applicant (Shahi Masjid Idgah Mathura through Secretary Tanveer Ahmad) argued that he was a necessary and proper party in the trial, because the plaintiffs’ claims were baseless, and there were no such valuable idols or statues lying under the mosque, on its platform or in the staircases.

For this reason, it was argued that the applicant should be given an opportunity to appear before the Court so that the case could be properly and effectively determined; otherwise the applicant’s interests will be threatened and seriously harmed.

On the other hand, opposing this application, the plaintiff argued that since Aurangzeb was hostile to the Hindu religion and the said precious ornaments of Dev Vigrah were buried on the steps of Begam Sahiba Masjid, Agra, the Shahi Masjid Idgah, Mathura should not be a party to the suit.

Against the background of these conclusions, the criminal jury Justice Ram Manohar Narayan Mishra noted that since the applicant was a defendant in most of the proceedings and successfully impugned himself in most of the proceedings, he should be introduced as a defendant in Suit No. 100. 3 as well.

“Although the complainant is not a necessary party, he is a person whose presence will enable the court to fully effectively and adequately resolve all issues that are the subject of dispute in the proceedings. Therefore, the applicant is a “relevant party” to the suit and may be deemed to be a party to the suit” the single judge observed while allowing the application.

Moreover, the court also ordered the plaintiffs to file the necessary amendments to the plaint within a week to include the complainant as a defendant in the suit.

Supporters of Tasneem Ahmadi and Nasiruzzaman performed in front of the Shahi Masjid Idgah Mathura. Advocate Manoj Kumar Singh appeared on behalf of ASI.

Case title – Thakur Keshav Dev Ji, Maharaj Virajman Mandir Katra Keshavdev and 2 others vs. Union Of India and 3 others