Image Courtesy:thehindu.com

A writ petition has been filed by Advocate Mahek Maheshwari in the Allahabad High Court to remove Shahi Idgah Mosque allegedly built on ‘Krishna Janmabhoomi’.

The plea seeks that the temple land should be handed over to the Hindus and a proper trust for Krishna Janmabhoomi Janmasthan be formed, for building a temple on the said land.

Further, till the disposal of the petition, the plea also seeks permission for Hindus to worship at the Masjid on certain days in a week and on Janmashtami days.

The petition further adds, “The committee of Management of Trust Masjid Idgah entered into illegal compromise on October 12, 1968 with the Society Shree Krishna Janmasthan 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. In fact, Shree Krishna Janmabhoomi Trust is non-functional since 1958.”

“Even on the Government's official website of Mathura District it is stated that Shahi Idgah mosque was built after demolition of Krishna Janmabhoomi by Aurangzeb”, Advocate Mahek submitted.

The plea alleges that Lord Krishna was born in a karagar or dungeon of King Kans and the place of his birth lies beneath the present structure raised by the Shahi Idgah Trust. She further contends in her plea that, “Masjid is not an essential part of lslam and hence, the disputed land should be handed over to the Hindus for exercise of their right to freely profess, practice and propagate religion under Article 25 of the Constitution.”

Places of Worship Act, 1991

The objective of this Act was to freeze the status of any place of worship as it existed on August 15, 1947 in order to provide for the maintenance of the religious character of such a place of worship as on that day. Through this legislation, preservation of communal harmony was envisaged.

The present plea challenges sections 2,3, 4 of the Act and urges the court to strike them down as unconstitutional as it prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.

The petitioner has argued that the provisions are violative of Articles 14, 25 and 26 of Constitution of India as these provisions are arbitrary, denies justice. These provisions invariably and indiscriminately ban all kinds of conversions whether by agreement or by legal settlement or a judicial decision and therefore “the impugned provision interferes with the fundamental right of the persons enshrined under Article 25 of the Constitution of India”, mentions the plea.  

It is also submitted by her that these provisions violate the doctrine of Hindu law that Temple property is never lost even if enjoyed by strangers for years and even the king cannot take away property as deity is the embodiment of God and is juristic person, represents ‘Infinite- the timeless’ and cannot be confined by the boundaries of time.

Background

A civil suit was first filed in the Mathura Court in September 2020 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.

SabrangIndia had reported further that this petition before the Mathura Court had submitted that the Plaintiffs have a right under Article 26 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 acres situated within the area of Temple Complex in Katra Keshav Dev, City and District Mathura.

But on September 30, a Civil Judge of Mathura Court had dismissed the plea to remove Shahi Idgah Mosque from its present site. Subsequently on October 16 Mathura District Judge Sadhna Rani Thakur admitted a plea against this trial court order dated September 30 that dismissed the suit for removal of Masjid Idgah.

Justice Sadhna Rani Thakur had issued notices to Uttar Pradesh Sunni Waqf Board, Trust Masjid Idgah, Srikrishna Janamsthan Trust and Sri Krishna Janam Bhoomi Seva Sangh. This matter is now slated to be heard on November 19.

Related:

And so it begins: Civil suit filed to remove Idgah next to Krishna temple in Mathura
Krishna Janmabhoomi: Mathura court dismisses plea against Shahi Idgah
Hindu Army members arrested for launching ‘Krishna Janmabhoomi’ movement