Mathura District Court on Friday admitted a suit seeking the removal of Masjid Idgah, which is allegedly built on the land of Shrikrishna Janmabhoomi. The court also issued notices to all the parties concerned, including the Sunni Central Waqf Board and the management of the Shahi Idgah Masjid.
Speaking to The Daily Guardian, the petitioner’s advocate, Hari Shankar Jain, said, “Today is the first step towards the freedom of Shri Krishna Janmabhoomi. The matter was heard by the district judge of Mathura and our appeal has been admitted and notice has been issued. The next date of hearing is 18 November.”
The Mathura District Court was hearing a suit filed by ‘Bhagwan Sri Krishna Virjman’, through next friend and six devotees, against the order of Civil Judge, Mathura, dismissing the suit for the removal of the Idgah Masjid. The plea has been moved for the deities by Ranjana Agnihotri, Pravesh Kumar, Rajesh Mani Tripathi, Karunesh Kumar Shukla, Shivaji Singh and Tripurari Tiwari.
A claim is being staked on behalf of the deity, Lord Shri Krishna Vijraman, by the appellants, on 13.37 acres of land referred to as Katra Keshav Dev land.
The court had rejected the suit on the ground that the petitioners, due to being devotees/worshippers of Lord Krishna, have no right to file the suit. However, the plaintiffs asserted their right to religion guaranteed under Article 25 of the Constitution of India. Their plea added that the Plaintiffs have not prayed for handing over the management of the property to them but have prayed that encroachment be removed and property be handed over to the Shri Krishna Janambhoomi Trust.
According to the plea, the petitioners have claimed that the suit has been filed by the deity through next friend and the deity has a right to be represented through next friend, in case, the manager, shebait or persons in charge of affairs are negligent in the performance of their duties or, in case, their action is hostile to the interest of deity and devotees. “It is the right and duty of the worshippers 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 plea said.
The court rejected the suit filed by the appellants in limine on the ground that if the suit is registered, a large number of worshippers may come to the court. However, the plea said that a suit cannot be rejected on the ground that several others may also approach the court.
The appellants have also filed the suit for exercising their right to have darshan and puja at the actual birthplace of Lord Shri Krishna, in exercise of their right to religion, guaranteed by Article 25 of the Constitution of India, the plea stated. This comes after a civil court had dismissed a suit last month, which had been filed to remove the Idgah Mosque, alleging that it was built over Krishna Janmabhoomi.
