A civil suit has been filed before a Mathura court for the removal of the Shahi Idgah that is built adjacent to a Krishna temple locatedin Maujja, in the Bazaar City area of Mathura. The removal of the Idgah has been a long-standing demand of right-wing Hindutva groups, that popularised the slogan “Ayodhya toh jhaanki hai, Kashi-Mathura baaki hai,” in wake of the Babri Masjid demolition.

The plaintiff in the case is Bhagwan Shri Krishna Virajman who is represented by next friend. The plaint states that “this suit is being filed for removal of encroachment and superstructure illegally raised by Committee of Management of alleged Trust Masjid Idgah with the consent of Sunni Central Board of Waqf on land Khewat No.255 (Two Hundred Fifty Five) at Katra Keshav Dev city Mathura belonging to deity Shree Krishna Virajman.”  

Explaining the rationale behind the suit, the plaint states “the present suit is being filed by and on behalf of deity Plaintiff Nos.1 (One) and 2 (Two) alongwith devotees to ensure that Dharshan, Pooja, rituals according to Vedic Sanatan Dharma, faith, belief, usages, traditions and customs guaranteed under Article 25 (Twenty Five) of the Constitution of India are performed at the actual birth place and at any part of 13.37 (Thirteen Point Thirty Seven) Acers land of Katra Keshav Dev the Sunni Waqf Board, Trust Masjid Idgah and their men, workers, attorneys and every person working under them are restrained from entering into the premises of the property in question and they be directed to remove the construction illegally raised by them without authority of law at the property in question.”

It further says, “The Plaintiffs have right under Article 26 (Twenty Six) of the Constitution of India to regain, hold and manage the property belonging to, owned and possessed by deity Lord Shree Krishna Virajmaan, measuring 13.37 (Thirteen Point Thirty Seven) Acers situated within the area of Temple Complex in Katra Keshav Dev, City and District Mathura.”

Communal ammunition aplenty

Taking an unabashedly communal hue the plaint states, “under Hindu Law prevalent in India from thousands of years it is well recognized that the property once vested in the deity shall continue to be the deities property and property vested in the deity is never destroyed or lost and it can be regained and re-established whenever it is freed, found or recovered from the clutches of invaders, ultras or hoodlums. The Privy Council, High Courts and the Hon’ble Supreme Court in catena of decisions have endorsed the above proposition of law.”

It further says that “it is matter of fact and history that Aurangzeb ruled over the country from 31.07.1658 (Thirty One Seven Sixteen Fifty Eight) to 3.03.1707 (Three Three Seventeen Zero Seven) AD and he being staunch follower of Islam had issued orders for demolition of large number of Hindu religious places and temples including the temple standing at the birth place of Lord Shree Krishna at Katra Keshav Dev, Mathura in the year 1669-70 (Sixteen Sixty Nine- Seventy) AD. The army of Aurangzeb partly succeeded to demolish Keshav Dev Temple and a construction was forcibly raised showing the might of power and said construction was named as Idgah Mosque.” It then goes on to quote an official order by Aurangzeb himself.

The Defendants

The suit mainly targets the UP Sunni Central Waqf Board and the Committee of Management of Trust Masjid Idgah. It accuses the Wakf Board of permitting the Committee to enter into a “compromise dated 12.10.1968, (Twelve Ten Nineteen Sixty Eight) which was illegal and void for the reason that society Shree Krishna Janmasthan Seva Sangh had no right over the property involved in Civil Suit No.43 (Forty Three) of 1967 (Nineteen Sixty Seven), decided by Ld. Civil Judge, Mathura at it was neither owner nor proprietor of the property involved in the said suit situated at Katra Keshav Dev.” It made further allegations against the Committee itself of “without any authority of law and in utter violation of decree of the Court with the help of some Muslims put super structure and encroached upon the land of Katra Keshav Dev belonging to Shree Krishna Janmasthan Trust and the deity. The committee of Management of Trust Masjid Idgah entered into illegal compromise on 12.10.1968 (Twelve Ten Nineteen Sixty Eight) with the Society Shree Krishna Janamasthan Seva Sangh and both have played fraud upon the Court, the plaintiff Deities and devotees with a view to capture and grab the property in question.”

Recent developments

In the months preceding this complaint a Krishna Janmabhoomi Nyas Trust was registered on July 23 that counts among its members 80 ‘saints’ from 114 states. On the night of September 20, 2020, members of the Hindu Army were arrested for giving a call for the Krishna Janmabhoomi movement.

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