Krishna Janmabhoomi case | SabrangIndia

Krishna Janmabhoomi: Allahabad HC directs Mathura court to finish hearing Idgah survey plea within four months

Tue, 30 Aug 2022 11:31:56 +0000

On Monday, August 29, the Allahabad High Court directed a Mathura court to complete hearings in a matter pertaining to a petition demanding a survey of the land upon which the Shahi Idgah stands, next to the Katra Keshav Dev temple, that is believed to have been constructed at the birthplace of Hindu deity Krishna in Mathura.

Justice Piyush Agarwal disposed of a petition by Bhagwan Shri Krishna Virajman (the deity) through Manish Yadav, a devotee, and directed the court of civil judge (senior division) Mathura to conduct hearings without granting unnecessary adjournments, if there is no legal impediment.

Times of India quoted the order passed by the court: “Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned court below to consider and decide the application dated May 13, 2022, under Section 26 of CrPC pending in the aforesaid case in accordance with law expeditiously and preferably within a period of four months from the date of receipt of certified copy of this order, but certainly after giving an opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.”

This is significant given how the Mathura court had previously prioritized conducting day-to-day hearings about the maintainability of a related suit that demands the mosque be removed and the land be handed back to temple authorities. But proceedings in that petition demand the removal of the mosque were stayed by the High Court on August 4.

Brief background of the case

Readers would recall that on May 13, 2022, Manish Yadav moved the court of Civil Judge (Senior Division) Mathura demanding that an Advocate Commissioner be appointed to carry out an inspection of the Shahi Idgah. He claims to be a descendant of Lord Krishna.

On July 18, the Allahabad High Court had disposed of a petition to conduct a scientific investigation of the Shahi Idgah and Jahanara’s Mosque, by directing a Mathura court to decide on the plea, preferably within three months. That matter pertained to the petition filed before the High Court under Article 227 of the Constitution, where the plaintiff is Bhagwan Shri Krishna Virajman (the deity) and the defendant is the UP Sunni Central Waqf Board. The petitioner had previously, on April 14, 2021 moved the court of the Civil Judge (Senior Division) Mathura, under section 45 of the Evidence Act and the Provisions of Rule 10-A of Order XXVI of the Code of Civil Procedure for conducting Scientific Investigation of Shahi Eidgah and Jahanara’s Mosque in Civil Suit No. 151 of 2021 (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others) within a stipulated time period.

The respondent i.e the Waqf Board, had also moved another application before the same lower court on July 16, 2022, under Order 7 Rule 11 of the Civil Procedure Code. According to Order 7 Rule 11, no petition can be entertained against the matter that is already protected by an existing law. In this case, the Waqf Board contends that the Shahi Idgah falls under the purview of the Places of Worship Act that disallows changing the character of a place of worship from what it was in 1947.

Therefore, the lower court first decided to hear the matter pertaining to the maintainability of the suit itself first, and daily hearings in the Mathura court began on July 25. On the same day, after hearing Yadav’s plea, the Allahabad HC asked why there was a delay in conducting hearings pertaining to the survey and asked the lower court to submit a report by August 2.

It is noteworthy that the primary petition, i.e the one moved by Ranjana Agnihotri as next friend of the deity seeking removal of the mosque and return of the land, had been dismissed by a lower court in September 2020, but restored by the district court in May 2022. Therefore, petitioners who are demanding a scientific investigation and survey of the mosque i.e Manish Yadav, and advocates Mahendra Pratap Singh and Rajendra Maheshwari, contended that the matter pertaining to the maintainability had already been addressed.

But on August 4, single-judge bench of Justice SK Rai stayed proceedings in a suit filed before the Mathura court that had sought removal of the Idgah. The court passed the order after hearing a petition by the UP Sunni Central Waqf Board challenging the May 19, 2022, order passed by the court of Mathura District and Sessions Judge Rajeev Bharati which had restored the suit against the Idgah, that had been previously dismissed by a lower court. The petitioners argued that the District Judge did not have the pecuniary jurisdiction to hear the revision as the value of the revision was more that RS 25,00,000/- (Rs 25 lakhs only).

The court had then directed that notice be issued to the respondents in the case, giving them the opportunity to file counter affidavits within eight weeks, and subsequently the petitioners are to file their rejoinders in four weeks after that. The court also directed that until then, further proceedings in the trial in the case (Misc. Case No. 176 OF 2020) before the shall remain stayed.

At present, nearly a dozen related petitions are being heard by the Mathura Civil Court. Petitioners, apart from the deity (represented by next friend Ranjana Agnihotri), Manish Yadav, and advocates Mahendra Pratap Singh and Rajendra Maheshwari, include Akhil Bharat Hindu Mahasabha national treasurer Dinesh Sharma, Jitendra Singh Visen of the Vishwa Vaidik Sanatan Sangh (VVSS), Anil Kumar Tripathi, Pawan Kumar Shastri, Gopal Giri and Pankaj Singh. It is noteworthy that VVSS is also a petitioner in the Gyanvapi case that is being heard by a fast-track court in Varanasi. VVSS has demanded that Muslims be prohibited from entering the Gyanvapi complex, and that the entire Gyanvapi mosque premises be returned to Hindus.

Allahabad HC demands report from Mathura court about delay in hearings about mosque survey

Krishna Janmabhoomi: Daily hearings on maintainability to begin from July 25

Krishna Janmabhoomi: Allahabad HC directs Mathura court to expeditiously decide on plea seeking scientific investigation of Shahi Idgah

Krishna Janmabhoomi: Mathura ADJ directs lower court to hear plea for appointment of Court Commissioner for survey of mosque

Krishna Janmabhoomi: Now plea seeks ban on loudspeaker at Shahi Idgah

Krishna Janmabhoomi: Mathura court restores suit demanding removal of Shahi Idgah

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

The post Krishna Janmabhoomi: Allahabad HC directs Mathura court to finish hearing Idgah survey plea within four months appeared first on SabrangIndia.

Krishna Janmabhoomi case: Allahabad HC stays case seeking removal of Shahi Idgah

Thu, 04 Aug 2022 05:13:44 +0000

In a significant development in the Krishna Janmabhoomi – Shahi Idgah mosque dispute, the Allahabad High Court has now stayed proceedings in a suit filed before a Mathura court that had sought removal of the Idgah.

A single-judge bench of Justice SK Rai passed the order after hearing a petition by the UP Sunni Central Waqf Board challenging the May 19, 2022, order passed by the court of Mathura District and Sessions Judge Rajeev Bharati which had restored the suit against the Idgah, that had been previously dismissed by a lower court.

The petitioners argued that the District Judge did not have the pecuniary jurisdiction to hear the revision as the value of the revision was more that RS 25,00,000/- (Rs 25 lakhs only).

The directed that notice be issued to the respondents in the case, giving them the opportunity to file counter affidavits within eight weeks, and subsequently the petitioners are to file their rejoinders in four weeks after that. The court directed that until then, further proceedings in the trial in the case (Misc. Case No. 176 OF 2020) before the shall remain stayed.

The order may be read here:

Brief Background of the case

The original civil suit was filed in September 2020, and the petitioners i.e the deity Baghwan Sri Krishna Virajman through next friend Ranjana Agnihotri, Sri Krishna Janmabhoomi (birthplace of the deity) and devotees, submitted, “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 plaintiffs said, “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.”

The primary contention was that the Krishna Janmasthan Seva Sangh that looked after the Katra Keshav Dev temple property had allegedly entered into an illegal compromise with the Committee of Management of Trust Masjid Idgah in 1968 by way of which a huge chunk of land was given to the Idgah including the spot where the deity was born. The plaintiffs had submitted, “The original karagar i.e birthplace of Lord Krishna lies beneath the construction raised by Committee of Management i.e Trust Masjid Idgah.” It insisted that the truth would be revealed if an excavation were to be conducted.

On September 30, 2020, a civil court in Mathura dismissed the petition to remove the Shahi Idgah adjacent to a Krishna temple in the city. 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.

On May 7, 2022, after hearing both parties, the court of Mathura District and Sessions Judge Rajeev Bharati had reserved its order. On May 19, 2022, the court delivered its order to restore the petition.

Developments in the lower court

The court of civil judge (senior division) was to conduct day-to-day hearings in the case and decide first if the suit against the Idgah was maintainable in the first place. It was to subsequently decide on a petition moved before the HC by one Manish Yadav, who claims to be a descendant of the deity, and who demanded a scientific investigation of the Shahi Idgah and the Jahanara Mosque.

Readers would recall that on July 18, the Allahabad High Court had disposed of Yadav’s petition and directed Mathura court to decide on the plea, preferably within three months. However, the respondent in that matter i.e the Waqf Board, had also moved another application before the same lower court on July 16, 2022, under Order 7 Rule 11 of the Civil Procedure Code. According to Order 7 Rule 11, no petition can be entertained against the matter that is already protected by an existing law. In this case, the Waqf Board contends that the Shahi Idgah falls under the purview of the Places of Worship Act that disallows changing the character of a place of worship from what it was in 1947.

Therefore, the lower court first decided to hear the matter pertaining to the maintainability of the suit itself first. Now proceedings in that matter are stayed.

Krishna Janmabhoomi: Daily hearings on maintainability to begin from July 25

Krishna Janmabhoomi: Allahabad HC directs Mathura court to expeditiously decide on plea seeking scientific investigation of Shahi Idgah

Krishna Janmabhoomi: Mathura ADJ directs lower court to hear plea for appointment of Court Commissioner for survey of mosque

Krishna Janmabhoomi: Now plea seeks ban on loudspeaker at Shahi Idgah

Krishna Janmabhoomi: Mathura court restores suit demanding removal of Shahi Idgah

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

The post Krishna Janmabhoomi case: Allahabad HC stays case seeking removal of Shahi Idgah appeared first on SabrangIndia.

Allahabad HC demands report from Mathura court about delay in hearings about mosque survey

Mon, 25 Jul 2022 12:14:07 +0000

In fresh developments in the Krishna Janmabhoomi case, the Allahabad High Court has sought a report from the Mathura District Court as to why there was a delay in conducting hearings pertaining to the survey of the Shahi Idgah mosque. According to Nav Bharat Times this report needs to be submitted by August 2.

Last week, it was decided that the court of a civil judge (senior division) in Mathura, will conduct day-to-day hearings in the matter pertaining to the maintainability of the suit filed to demand the removal of the Shahi Idgah mosque that is located next to the Krishna Janmabhoomi temple complex, and the return of the mosque land to the temple trust. But this would mean that the hearings pertaining to the survey would have to be put on hold until then.

Readers would recall that on July 18, the Allahabad High Court had disposed of a petition to conduct a scientific investigation of the Shahi Idgah and Jahanara’s Mosque, by directing a Mathura court to decide on the plea, preferably within three months. That matter pertained to the petition filed before the High Court under Article 227 of the Constitution, where the plaintiff is Bhagwan Shri Krishna Virajman (the deity) and the defendant is the UP Sunni Central Waqf Board. The petitioner had previously, on April 14, 2021 moved the court of the Civil Judge (Senior Division) Mathura, under section 45 of the Evidence Act and the Provisions of Rule 10-A of Order XXVI of the Code of Civil Procedure for conducting Scientific Investigation of Shahi Eidgah and Jahanara’s Mosque in Civil Suit No. 151 of 2021 (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others) within a stipulated time period.

Therefore, the lower court first decided to hear the matter pertaining to the maintainability of the suit itself first, and daily hearings began in the lower court today.

But the Allahabad HC also heard petitioner Manish Yadav’s submission today, that the lower court wasn’t going to conduct hearings with respect to the survey, until the matter of maintainability was settled. According to Nav Bharat Times, the High Court asked why there was a delay in conducting hearings pertaining to the survey and asked the lower court to submit a report by August 2.

Manish Yadav’s petition

On May 13, 2022, Manish Yadav moved the court of Civil Judge (Senior Division) Mathura demanding that an Advocate Commissioner be appointed to carry out an inspection of the Shahi Idgah. He claims to be a descendant of Lord Krishna, and had previously demanded that the mosque be shifted. He had moved Allahabad High Court citing delay in hearing of his plea by the lower court. Yadav also submitted a copy of the Allahabad High Court order dated May 12 that directed the lower court to decide within four months the matter pertaining to the injunction application as well as bunching together the trial in all pending cases related to the dispute.

The post Allahabad HC demands report from Mathura court about delay in hearings about mosque survey appeared first on SabrangIndia.

Krishna Janmabhoomi: Daily hearings on maintainability to begin from July 25

Sat, 23 Jul 2022 08:31:30 +0000

From Monday, July 25, 2022, the court of a civil judge (senior division) in Mathura, will conduct day-to-day hearings in the matter pertaining to the maintainability of the suit filed to demand the removal of the Shahi Idgah mosque that is located next to the Krishna Janmabhoomi temple complex, and the return of the mosque land to the temple trust. Hearings will take place at 3 P.M every working day till the court arrives at a decision as to whether such a suit is permissible at all.

Hindustan Times quoted Tanveer Ahmed, the secretary and counsel for management committee of Shahi Eidgah Mosque as saying, “We welcome the order passed by the court of the civil judge (senior division), Mathura, which has ordered for day-to-day hearing on the application moved to challenge the maintainability of the case filed seeking removal of Shahi Eidgah Mosque. The case no. 950 of 2020 has been filed on wrong basis and has no legal substance and we had thus rightly challenged the maintainability of the case by moving application under Order 7 Rule 11 of Civil Procedure Code (CPC).”

The matter pertaining to the maintainability of the suit will therefore have to be settled before the matter pertaining to a survey, filed via a separate application, can be taken up.

Petition for survey of mosque

It is noteworthy that the primary petition, i.e the one moved by Ranjana Agnihotri as next friend of the deity seeking removal of the mosque and return of the land, had been dismissed by a lower court in September 2020, but restored by the district court in May 2022. Therefore, petitioners who are demanding a scientific investigation and survey of the mosque i.e advocates Mahendra Pratap Singh and Rajendra Maheshwari, contended that the matter pertaining to the maintainability had already been addressed. Singh and Maheshwari are considering a revision petition.

Brief background of the original case

The original civil suit filed in September 2020, the petitioners i.e the deity Baghwan Sri Krishna Virajman through next friend Ranjana Agnihotri, Sri Krishna Janmabhoomi (birthplace of the deity) and devotees, have claimed, “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 plaintiffs have stated, “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.”

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.

Other applications and related petitions

On May 13, 2022, a petitioner named Manish Yadav moved the court of Civil Judge (Senior Division) Mathura demanding that an Advocate Commissioner be appointed to carry out an inspection of the Shahi Idgah. He claims to be a descendant of Lord Krishna, and had previously demanded that the mosque be shifted. He had moved Allahabad High Court citing delay in hearing of his plea by the lower court. Yadav also submitted a copy of the Allahabad High Court order dated May 12 that directed the lower court to decide within four months the matter pertaining to the injunction application as well as bunching together the trial in all pending cases related to the dispute.

On May 17, advocates Mahendra Pratap Singh and Rajendra Maheshwari, moved the court of Civil Judge (Senior Division) seeking directions to seal the Shahi Idgah mosque. In in their application, they have claimed 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.

Meanwhile, another application was filed before the court of Additional Sessions Judge Sanjay Chaudhary, by next friends of the deity and devotees, appealing for permission to be granted to Hindus to conduct “darshan, pooja and other rituals” at the mosque site in accordance with Vedic Sanatan Dharma.

Then, Dinesh Kaushik, the National Treasurer of the All India Hindu Mahasabha, filed an application before the court of the Civil Judge (Senior Division) Mathura seeking permission to consecrate an idol of deity Laddo Gopal inside the Shahi Idgah mosque and perform traditional Hindu prayers there.

Then on May 23, the same Dinesh Kaushik filed another application seeking permission to perform “purification rituals” at the sanctum sanctorum of the Katra Keshav Dev temple using water from the rivers Ganga and Yamuna. He claimed such purification was essential as the existence of the Idgah was hurting his religious sentiments.

Also on May 23, a petition was moved by petitioners Mahendra Pratap Singh and Rajendra Maheshwari as next friends of the deity, before the court of Civil Judge (Senior Division) Jyoti Singh demanding an Advocate Commissioner be sent to the Shahi Idgah, claiming Hindu symbols were present at the site. But the judge asked the mosque authorities to file their objections and set July 1 as the next date of hearing. Aggrieved by this the petitioners moved the court of the Additional District Judge. On May 26, the court of the Additional District Judge directed the lower court to dispose of the petition after conducting day-to-day hearings starting from July 1.

Then on May 26 Kaushik again moved an application before the court of the Civil Judge (Senior Division), Mathura demanding the removal of the loudspeaker of the Shahi Idgah mosque that is located next to the Katra Keshav Dev temple. He claimed that the use of the loudspeaker for Azaan was infringing upon his rights as a Sanatani Hindu. Also on May 26, another related appeal was heard by the Additional District Judge pertaining to appointment of a Court Commissioner for survey of the Shahi Idgah. The court of the Additional Judge then directed the lower court to dispose of the petition after conducting day-to-day hearings starting from the date when the case will be heard next. Readers would recall that the lower court had adjourned hearings till July 1, i.e after summer vacations.

At present, nearly a dozen related petitions are being heard by the Mathura Civil Court. Petitioners, apart from the deity (represented by next friend Ranjana Agnihotri), and Manish Yadav, include Akhil Bharat Hindu Mahasabha national treasurer Dinesh Sharma, Jitendra Singh Visen of the Vishwa Vaidik Sanatan Sangh (VVSS), Anil Kumar Tripathi, Pawan Kumar Shastri, Gopal Giri and Pankaj Singh. It is noteworthy that VVSS is also a petitioner in the Gyanvapi case that is being heard by a fast-track court in Varanasi. VVSS has demanded that Muslims be prohibited from entering the Gyanvapi complex, and that the entire Gyanvapi mosque premises be returned to Hindus.

Krishna Janmabhoomi: Mathura ADJ directs lower court to hear plea for appointment of Court Commissioner for survey of mosque

Krishna Janmabhoomi: Now plea seeks ban on loudspeaker at Shahi Idgah

Krishna Janmabhoomi: Mathura court restores suit demanding removal of Shahi Idgah

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

The post Krishna Janmabhoomi: Daily hearings on maintainability to begin from July 25 appeared first on SabrangIndia.

Krishna Janmabhoomi: Allahabad HC directs Mathura court to expeditiously decide on plea seeking scientific investigation of Shahi Idgah

Tue, 19 Jul 2022 06:43:17 +0000

In fresh developments in the Krishna Janmabhoomi matter, the Allahabad High Court has disposed of a petition to conduct a scientific investigation of the Shahi Idgah and Jahanara’s Mosque, by directing a Mathura court to decide on the plea, preferably within three months.

The case pertains to the petition filed before the High Court under Article 227 of the Constitution, where the plaintiff is Bhagwan hrikrishna Virajman (the deity) and the defendant is the UP Sunni Central Waqf Board. The petitioner had previously, on April 14, 2021 moved the court of the Civil Judge (Senior Division) Mathura, under section 45 of the Evidence Act and the Provisions of Rule 10-A of Order XXVI of the Code of Civil Procedure for conducting Scientific Investigation of Shahi Eidgah and Jahanara’s Mosque in Civil Suit No. 151 of 2021 (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others) within a stipulated time period.

The respondent i.e the Waqf Board, had also moved another application before the same lower court on July 16, 2022, under Order 7 Rule 11 of the Civil Procedure Code, and that is still pending before the court. According to Order 7 Rule 11, no petition can be entertained against the matter that is already protected by an existing law. In this case, the Waqf Board contends that the Shahi Idgah falls under the purview of the Places of Worship Act that disallows changing the character of a place of worship from what it was in 1947.

The Allahabad HC has ordered, “Without going into merit of the case, it is appropriate that the above applications be decided expeditiously.” The court further said that “Civil Judge(Senior Division), Mathura/Court concerned is directed to decide the application dated 14.4.2021(Paper No. 14-Ga) of the plaintiffs-petitioners and the application filed by respondent no.1 under Order 7 Rule 11 C.P.C. dated 16.7.2022 in Civil Suit No. 151 of 2021 (Bhagwan Shrikrishna Virajman and others vs. U.P. Sunni Central Waqf Board and others) expeditiously, if possible within three months from the date of production of certified copy of this order after affording opportunity of hearing to the parties concerned and without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.”

The entire order may be read here:

Brief background of the case

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.

Other applications and related petitions

On May 13, a petitioner named Manish Yadav moved the court of Civil Judge (Senior Division) Mathura demanding that an Advocate Commissioner be appointed to carry out an inspection of the Shahi Idgah. He claims to be a descendant of Lord Krishna, and had previously demanded that the mosque be shifted. He had moved Allahabad High Court citing delay in hearing of his plea by the lower court. Yadav also submitted a copy of the Allahabad High Court order dated May 12 that directed the lower court to decide within four months the matter pertaining to the injunction application as well as bunching together the trial in all pending cases related to the dispute.

On May 17, just hours after the lawyer of the Hindu petitioners in the Gyanvapi dispute in Varanasi claimed a “Shivling” had been discovered in the Wazu Khana (ablution tank of the mosque), and the court of Varanasi Civil Judge (Senior Division) Ravi Kumar Diwakar ordered the area to be sealed, two advocates moved a Mathura court seeking similar directions to seal the Shahi Idgah mosque. 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.

Krishna Janmabhoomi: Now plea seeks ban on loudspeaker at Shahi Idgah

Krishna Janmabhoomi: Mathura court restores suit demanding removal of Shahi Idgah

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

The post Krishna Janmabhoomi: Allahabad HC directs Mathura court to expeditiously decide on plea seeking scientific investigation of Shahi Idgah appeared first on SabrangIndia.

Krishna Janmabhoomi: Mathura ADJ directs lower court to hear plea for appointment of Court Commissioner for survey of mosque

Fri, 27 May 2022 05:18:58 +0000

On May 26, even as a new application was moved before the court of the Civil Judge (Senior Division), Mathura demanding the removal of the loudspeaker of the Shahi Idgah mosque that is located next to the Katra Keshav Dev temple, another related appeal was being heard by the Additional District Judge pertaining to appointment of a Court Commissioner for survey of the Shahi Idgah.

The court of the Additional Judge has now directed the lower court to dispose of the petition after conducting day-to-day hearings starting from the date when the case will be heard next. Readers would recall that the lower court had adjourned hearings till July 1, i.e after summer vacations.

The court was responding to a revision application that was filed by the petitioners after the court of the Civil Judge (Senior Division) Jyoti Singh had on May 23, had asked the mosque management committee and other parties to file their objections to the plea seeking a survey of the mosque and fixed July 1 as the next date of hearing.

In fresh developments in the lower court on Thursday, petitioners submitted what they claimed was evidence of the entire 13.7 acres land, upon which the temple and mosque stand, belonged to the deity and could not be handed over to mosque authorities. The court admitted the plea and ordered the other party to file a response on the next date of hearing, adjourning the matter till July 1.

Meanwhile, there has been a deluge of petitions and applications that have been filed by different parties.

The original petition

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.

On May 7, after hearing both parties, the court of Mathura District and Sessions Judge Rajeev Bharati had reserved its order. On May 19, the court delivered its order to restore the petition.

Other applications and related petitions

Then on May 26 Kaushik again moved an application demanding the removal of the loudspeaker. He claimed that the use of the loudspeaker for Azaan was infringing upon his rights as a Sanatani Hindu.

Krishna Janmabhoomi: Mathura court restores suit demanding removal of Shahi Idgah

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

The post Krishna Janmabhoomi: Mathura ADJ directs lower court to hear plea for appointment of Court Commissioner for survey of mosque appeared first on SabrangIndia.

Krishna Janmabhoomi: Mathura court to decide if suit against Shahi Idgah is maintainable

Thu, 19 May 2022 03:43:57 +0000

The court of District and Sessions Judge Rajeev Bharati is expected to pronounce its order in a matter pertaining to the Shahi Idgah located next to the Katra Keshav Dev temple in Mathura today. The court had reserved its order on May 7.

In their civil suit filed in September 2020, the petitioners i.e the deity Baghwan Sri Krishna Virajman through next friend Ranjana Agnihotri, Sri Krishna Janmabhoomi (birthplace of the deity) and devotees, have claimed, “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.”

Brief background of the case

The language of the petition itself was deeply communal, as at one point it said, “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 deity’s 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 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. Arguments from both sides have concluded.

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.

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

The post Krishna Janmabhoomi: Mathura court to decide if suit against Shahi Idgah is maintainable appeared first on SabrangIndia.

Krishna Janmabhoomi: Court reserves orders on whether petition against Shahi Idgah is maintainable

Sat, 07 May 2022 10:32:53 +0000

Image Courtesy:newindianexpress.com

In fresh developments in the Krishna Janmabhoomi case, the court of District and Sessions Judge Rajeev Bharati has reserved its orders in the matter pertaining to the maintainability of a petition demanding the removal of the Shahi Idgah mosque that is located alongside a Krishan temple in Mathura. The order is expected to be passed on May 19.

After the Supreme Court judgment in the Ram Janmabhoomi case, the Krishna Janmabhoomi movement has been picking up over the last two years. 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 making a call for the Krishna Janmabhoomi movement. It is also noteworthy that chants of “Ayodhya toh jhaanki hai, Kashi-Mathura baaki hai,” go back to the late 80s and early 90s when the Ram Janmabhoomi movement was at its peak.

Brief background of the case

SabrangIndia had previously reported how in September 2020, a suit was filed before a Mathura court by the deity Baghwan Sri Krishna Virajman through next friend Ranjana Agnihotri. The other plaintiffs were Sri Krishna Janmabhoomi (birthplace of the deity) and devotees.

The language of the petition itself was deeply communal, as at one point it said, “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 deity’s 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.”

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.

This is not to be confused with the writ petition filed by Advocate Mahek Maheshwari in the Allahabad High Court to remove Shahi Idgah Mosque. 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 post Krishna Janmabhoomi: Court reserves orders on whether petition against Shahi Idgah is maintainable appeared first on SabrangIndia.

Krishna Janmabhoomi case: Mathura district court admits plea against Shahi Idgah

Fri, 16 Oct 2020 13:56:45 +0000

Image Courtesy:indianexpress.com

In fresh developments in the Krishna Janmabhoomi case in Mathura, a district court has now admitted a plea against the Shahi Idgah, a 16th century mosque built alongside a Krishna temple in the city.

Earlier, on September 30, 2020, a civil court in Mathura threw out a petition to remove the Shahi Idgah adjacent to a Krishna temple in the city. 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.”

On Friday, October 16, the court of district judge Sadhna Rani Thakur accepted the appeal and adjourned the hearing by two days.

Brief background of the case

In September a suit was filed before a Mathura court by the deity Baghwan Sri Krishna Virajman through next friend Ranjana Agnihotri. The other plaintiffs were Sri Krishna Janmabhoomi (birthplace of the deity) and devotees. The primary contention was that the Krishna Janmastan Seva Sangh that looked after the temple property had allegedly entered into an illegal compromise with the Committee of Management of Trust Masjid Idgah in 1968 by way of which a huge chunk of land was given to the Idgah including the spot where the deity was born. The plaintiffs had submitted, “The original karagar i.e birthplace of Lord Krishna lies beneath the construction raised by Committee of Management i.e Trust Masjid Idgah.” It insisted that the truth would be revealed if an excavation were to be conducted.

The language of the petition itself was deeply communal, as at one point it said, “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.”

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 making a call for the Krishna Janmabhoomi movement. It is also noteworthy that chants of “Ayodhya toh jhaanki hai, Kashi-Mathura baaki hai,” go back to the late 80s and early 90s when the Ram Janmabhoomi movement was at its peak.

The post Krishna Janmabhoomi case: Mathura district court admits plea against Shahi Idgah appeared first on SabrangIndia.