In fresh developments in the Krishna Janmabhoomi case, two advocates have moved a Mathura court seeking directions to seal the Shahi Idgah mosque that is located next to the Katra Keshav Dev temple in the city. The petitioners, advocates Mahendra Pratap Singh and Rajendra Maheshwari, in their application before the court of Civil Judge (Senior Division), Mathura, claim that this is necessary to ensure that the religious character of the place remains unchanged.
They have also asked that the deployment of security personnel at the mosque be stepped up to prevent any movement. The applicants have sought directions to the District Magistrate as well as the Superintendent of Police, along with the CRPF Commandment, to seal the premises and preserve the Hindu religious symbols such as Swastika, lotus flower, Kalash etc.
It is noteworthy that Advocate Mahendra Pratap Singh, who heads the Krishna Janmabhoomi Mukti Andolan Samiti (KJMAS) and is also the president of Shri Krishna Janmabhoomi Mukti Nyas, had on November 23, 2021, moved an application before the District Magistrate of Mathura demanding that namaaz be stopped at the Shahi Idgah that is located adjacent to a Krishna Temple.
The latest application filed on Tuesday, May 17, refers to the discovery of a “Shivling” at the Wazu Khana of the Gyanvapi Mosque. He prays that the Shahi Idgah mosque needs to be sealed immediately to prevent other parties from destroying evidence of the presence of Hindu religious symbols there.
Bar and Bench quoted an excerpt from the application, “It is submitted that in the recent survey conducted in the case of Rakhi Singh vs Government of Uttar Pradesh, the manner in which Hindu Shivling remains have been found in Gyanvapi Masjid, it has become clear that the respondents have been protesting there since the beginning. The same situation is of the litigant property of the above case of Shri Krishna Janmabhoomi which is the real sanctum.”
The matter will be heard on July 1.
Brief background of the case
After the Supreme Court judgement in the Ayodhya Ram Janmabhoomi case, the Krishna Janmabhoomi movement has been gathering steam as well. As we have reported previously, an organisation called Shri Krishna Janmabhoomi Nirman Nyas was registered on July 23, 2020. It reportedly has 80 ‘saints’ from 14 states as its members. In August 2020, the Sri Krishna Janmabhoomi Trust had already started laying claim to the four-and-a-half-acre land next to the mosque to use as a Ranga Manch (variety hall) for religious and cultural functions organised by the trust and temple authorities.
Then in September, 2020, 22 members of the Hindu Army, a right-wing group, were arrested for giving a call for ‘Krishna Janmabhoomi’ movement in Mathura.
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 filed by next-friend of the deity Ranjana Agnihotri, 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, 2020, a Civil Judge of Mathura Court had dismissed the plea to remove Shahi Idgah Mosque from its present site. Civil Judge (Senior Division) Chhaya Sharma refused to entertain the plea citing section 4 of the Places of Worship (Special Provisions) Act, 1991. Section 4 (1) of this Act says, “It is hereby declared that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day.”
However, the plaintiffs moved the district court against this on October 12 citing Article 25 of the Constitution that deals with “Freedom of conscience and free profession, practice and propagation of religion” and says, “Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.”
The Appellants submitted, “It is the right and duty of worshipers to make every endeavour to bring back the lost property of the deity and to take every step for the safety and proper management of the temple and the deity’s property.” The Petitioners have sought ownership of the entire property spread across 13.37 acres, and cancellation of the agreement that led to the transfer of land in 1968.
Meanwhile, the Sunni Waqf Board and the Shahi Idgah committee argued that the petitioner was neither an office bearer of the Temple trust, nor a descendent of the Krishna Janmasthan. Both sides have concluded arguments and District and Sessions Judge Rajeev Bharati reserved his order which is expected to be delivered on May 19, 2022.
In November 2020, a writ petition was 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. With respect to this case, the Allahabad High Court Bench of Chief Justice Rajesh Bindal and Justice Prakash Padiya has ordered that hearings will be conducted from July 25, 2022.
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.”
In June 2021, the Sri Krishna Janmabhoomi Mukti Andolan Samiti moved an application before a Mathura court offering the management committee of the Shahi Idgah mosque a larger piece of land if they agree to demolish the Muslim shrine at the site of the deity’s birthplace. The application was moved through advocate Mahendra Pratap Singh before the court of the Civil Judge, Senior Division, Mathura.
Bar and Bench quoted an excerpt of this application: “There are many stones in which Hindu scriptures are visible and the Mosque was built after destroying the temple on the orders of Aurangzeb.”
The application relied on the November 2019 Supreme Court judgment in the Ramjanmabhoomi case, in which the apex court ruled in favour of the Hindu parties and allowed for alternative land to be provided for construction of the mosque. According to India Legal Live, the Samiti proposed to give the larger piece of land, located at a spot that is outside the Chaurasi Kos Parikrama circuit of the temple town, essentially driving the mosque out of the city.
Related:
Krishna Janmabhoomi: Court reserves orders on whether petition against Shahi Idgah is maintainable
Krishna Janmabhoomi case: Mathura district court admits plea against Shahi Idgah
Krishna Janmabhoomi case: Appeal against Mathura Court order
Krishna Janmabhoomi: Mathura court dismisses plea against Shahi Idgah
And so it begins: Civil suit filed to remove Idgah next to Krishna temple in Mathura
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