Mathura (Uttar Pradesh): A district court on Monday admitted a plea seeking the removal of an Idgah, which according to the petitioner, is located adjacent to Shri Krishna temple in Mathura. The case was postponed for hearing on October 16.
The petitioner on behalf of the Hindu deity, Lord Shri Krishna Virajman on Monday appeared in district court against the decision of a Mathura civil court which refused to admit the suit to remove an Idgah 'constructed on Krishna Janmabhoomi'.
The suit seeks the reclamation of a 13.37-acre land, stating "every inch of the land of Katra Keshav Dev (Krishna Janmabhoomi) is sacred for the devotees of Lord Shree Krishna and Hindu community."
The suit was filed on behalf of deity Shree Krishna Virajman, along with devotees, to ensure that "darshan, pooja, rituals according to Vedic Sanatan Dharma, faith, belief, usages, traditions and customs guaranteed under Article 25 of the Constitution of India are performed at the actual birthplace or on 13.37 acre."
On September 30, a Mathura civil court had refused to admit a suit to remove an Idgah "built on Krishna Janmabhoomi".
The court of the civil judge had dismissed the suit, filed by advocate Vishnu Jain, citing a bar under the Places of Worship (Special Provisions) Act, 1991. The Act had only exempted the litigation on the ownership of the disputed Ram Janmabhoomi-Babri Masjid land in Ayodhya, but barred the courts from entertaining litigation that would alter the status quo of a religious place as existed on August 15, 1947.
The suit blamed Mughal ruler Aurangazeb for demolishing a Krishna temple, built at the "birthplace of Lord Shree Krishna at Katra Keshav Dev, Mathura, in the year 1669-70 AD" and raising the "Idgah Mosque" in its place.
The suit sought the removal of encroachment and the superstructure, now maintained by the Committee of Management of Trust Masjid Idgah with the consent of Sunni central board. The suit was filed against the UP Sunni Central Waqf Board and the Committee of Management Trust Masjid Idgah as it granted approval to the latter to enter into an "illegal" compromise with Shree Krishna Janmasthan Seva Sangh on October 12, 1968.
It was illegal and void for the reason that the society had no right over the property involved in Civil Suit No. 43 of 1967, decided by Civil Judge, Mathura, it said, adding that the 1968 deed was not binding.
The Places of Worship (Special Provisions) Act declares that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947.
The Act also declared that all suits, appeals, or any other proceedings regarding the conversion of the character of a place of worship, which were pending before any court or authority on August 15, 1947, would abate as soon as the law came into force.
(With inputs from ANI)
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