Jain referred to the subsequent order of the high court by which it rejected a plea of the Muslim parties challenging the maintainability of 18 cases related to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura, and ruled that the religious character of the mosque needs to be determined.The high court had dismissed the Muslim side’s contention that the suits filed by the Hindu litigants relating to the dispute over the Krishna Janmabhoomi temple and the adjacent mosque violated the Places of Worship (Special Provisions) Act of 1991 and therefore were not maintainable.The 1991 Act prohibits changing the religious character of any shrine from what existed on the day of the country’s Independence.It exempted only the Ram Janmabhoomi-Babri Masjid dispute from its purview.In Mathura, a suit was filed in the court of Civil Judge Senior Division (III) for shifting the Shahi Idgah mosque, claiming that it was constructed on a part of the 13.37 acre land of the Shri Krishna Janmabhoomi Trust.The Hindu side had requested the high court to conduct the original trial like it had done in the Babri Masjid-Ram Janmabhoomi title dispute.While allowing the plea for a court-monitored survey, the high court had said that no harm should be caused to the structure during the exercise which it indicated could be overseen by a three-member commission of advocates.
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