Krishna Janmabhoomi Case: Allahabad High Court directs the trial court to hear the case; disposes of Muslim side’s plea

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Uttar Pradesh, India: On May 1, the Allahabad High Court disposed of the pleas filed by UP Sunni Central Waqf Board and the Shahi Masjid Idgah Trust challenging District Judge Mathura’s order dated May 19, 2022, which upheld the maintainability of Bhagwan Sri Krishna Virajman’s petition claiming ownership of 13.37-acre land on which Eidgah has been constructed.

Furthermore, District Judge Mathura directed the trial court to hear both parties and pass appropriate order in light of the district judge’s observations in the revision.

The Allahabad High Court’s recent order has directed the resumption of hearings before the trial court in the suit seeking the removal of Shahi Eidgah Masjid and transfer of the 13.37-acre land to Bhagwan Sri Krishna Virajman. Furthermore, the Court has directed the trial court to adjudicate without being influenced by District Judge Mathura’s observations.

The Court said, “In light of the above, 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.” Furthermore, the Court held that all parties are free to raise all their contentions before the trial court.

It is pertinent to note that Allahabad High Court issued a stay on proceedings in August 2022 after the Waqf Board and Shahi Idgah Trust moved the Court against the district judge’s order, which held the suit seeking removal of Shahi Eidgah Masjid was maintainable. Furthermore, the district judge also observed that the provisions of The Places of Worship (Special Provisions) Act, 1991, are not applicable to the suit.

On May 19, District Judge Mathura admitted the plea seeking the removal of Shahi Eidgah Masjid from Sri Krishna Janmabhoomi. The court said, “The suit to remove the Shahi Idgah Mosque on the ground that it was built over the Krishna Janmabhoomi land is maintainable.” Furthermore, the petition argued that Shahi Eidgah Masjid was built over the Sri Krishna Janmabhoomi on the orders of Mughal emperor Aurangzeb in 1669-70.

It is pertinent to note that another petition was filed seeking a survey of the Shahi Eidgah Masjid. Mahendra Pratap Singh filed a plea before Civil Judge Senior Division, Mathura, to seal Shahi Eidgah and deploy security there “to ensure that ancient Hindu religious symbols aren’t damaged”.

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