The Mathura District Court on Monday has summoned all court records from the lower court, with respect to the Shrikrishna Janmabhoomi case, on 16 October.
The Mathura District Court was hearing a suit filed by ‹Bhagwan Sri Krishna Virajman›, through next friend and six devotees, against the order of Civil Judge, Mathura, dismissing the suit for the removal of Masjid Idgah, allegedly built on the land of Shrikrishna Janmabhoomi.
The plea has been moved for the deity 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 Shree Krishna Virajman, by the appellants on 13.37 acres of land, referred to as Katra Keshav Dev land.
Speaking to The Daily Guardian, the petitioners’ advocate, Hari Shankar Jain, said: “Today, the matter was heard at length by the District Judge, Mathura. Our contention before the court was that the judgment of the lower court is in total contradiction with the judgment of the Supreme Court, wherein it has been held that a devotee and deity have a right to file the suit.”
According to the plea, the court has rejected the suit on the grounds that the petitioners, being devotees/worshippers of Lord Krishna have no right to file the suit, whereas the plaintiffs in the plaint have asserted their right to religion, guaranteed under Article 25 of the Constitution of India.
The plaintiffs have not prayed for handing over the management of the property to them, but have prayed that encroachment be removed and the property be handed over to the Shri Krishna Janmabhoomi Trust, the plea added.
The petitioners also claimed that the suit has been filed by the deity through next friend and that the deity has the 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 duty or when their actions are 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 deities’ property,” the plea said.
The civil court had 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 filed the suit for also 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 said.
