The Mathura civil court will now start the hearing of Sri Krishna Janmabhoomi-Shahi Idgah land dispute case as the Allahabad High Court on May 1 directed the lower court to decide the suit filed before it (and was quashed) in 2020. The High Court, in its order, also maintained that the court concerned should not be influenced by the observations made by the Mathura district judge on the merits of the case.
The plea in the Mathura court, filed in September 2020 by right-wing group leader Vishnu Gupta and others, demanded the removal of the Shahi Idgah, a mosque, that shares its walls with Shri Krishna Janmabhoomi temple in Mathura, and the transfer of 13.37-acre land to the deity.
The lower court in Mathura has refused to entertain the plea and in turn registered the case as a miscellaneous case on the ground that the plaintiff are not residents of Mathura whereas the property in question is situated in Mathura district and hence have no right to file the plea.
“There are innumerable devotees and worshippers of Lord Sri Krishna all over the world, if in this way every devotee and worshipper is allowed to file a case, then the judicial and social system will collapse,” the lower court had said in its order.
After this, the respondents approached the Mathura district court which in its order delivered on May 19, 2022 held that the trial court had committed illegality and manifest error, and directed the trial court to hear both the parties and pass appropriate orders in the light of the observations made by it in the revision petition.
Moves High Court
The U.P. Sunni Central Waqf Board in December last year had approached the High Court demanding the quashing of the order of the Mathura district judge, but the High Court refused to do so. However, the Single Bench of Justice Prakash Padia has said both parties — U.P. Sunni Central Waqf Board and Sree Krishna Virajman along with 10 others — are free to raise their contentions before the trial court.
“….both the petitions are disposed of by remanding the matter back to the trial court with directions to adjudicate the civil suit no. 353 of 2022 after following due procedure as per law without being influenced by any observation or findings of the district judge vide impugned order dated 19.05.2022,” the court said.
The High Court also maintained that the district judge should not have made remarks on the contentious issues or merits involved in the suit.
