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Rohini Mishra | HENB | Mathura | Sept 26, 2020:: A civil suit has been led in a Mathura Court on behalf of Lord Shrikrishna Virajman, for removal of Masjid Idgah, allegedly built on the land of Shrikrishna Janam Bhoomi.
The plea has been led in the name of ‘Bhagwan SriKrishna Virjman’, through next friend Ranjana Agnihotri. The list of Petitioners also includes six devotees.
The plea seeks “removal of encroachment and superstructure illegally raised by Committee of Management of alleged Trust Masjid Idgah with the consent of Sunni Central Board of Waqf …at Katra Keshav Dev city Mathura belonging to deity Shree Krishna Virajman.”
Interestingly, almost a year after the historic Supreme Court judgement in Ram Mandir case, a civil suit has been filed in a Mathura court seeking the ownership over entire 13.37 acres of Krishna Janmabhoomi land in Mathura and also sought the removal of Shahi Idgah Masjid.
According to the reports, the suit, which has been filed by petitioner Vinit Jain on behalf of Srikrishna Virajman, stated that “every inch of the land of Katra Keshav Dev is sacred for the devotees of Lord Shree Krishna and Hindu community”.
The petitioners have stated that the entire area is known as ‘Katra Keshav Dev’, a place where Lord Krishna was born in the karagar of King Kans and added that the place of birth currently lies beneath the existing structure.
Describing the rst Petitioner, i.e. the deity himself, the plea states:
“He is minor. He is a juristic person. He can sue and be sued through shebait and in his absence through next friend. It can own, acquire and possess the property. It has every right to protect its property and to recover its lost property through shebait and in absence of shebait through next friend by availing an appropriate remedy in Court of law.”
The second plaintiff is ‘Shree Krishna Janmbhoomi’—the place of birth of Lord Shree Krishna, which as per the Plaintiffs has “special signicance” in religious scriptures as well as under Hindu law. The other plaintiffs are the devotees.
They seek to ensure that Dharshan, 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 birth place of the deity.
“The Plaintiffs have right under Article 26 (Twenty Six) of the Constitution of India to regain, hold and manage the property belonging to, owned and possessed by deity Lord Shree Krishna Virajmaan,” they argued.
It is alleged that in 1968, the Society Shree Krishna Janamasthan Seva Sangh entered into a compromise with the Committee of Management of Trust Masjid Idgah, conceding a considerable portion of property belonging to the deity to the latter.
Disputing the legality of this compromise, the Plaintiffs have submitted:
“That it is relevant to mention that Shree Krishna Janmasthan Seva Sangh has no proprietary or ownership right in the property of Katra Keshavdev which stood vested in the deity and the Trust.”
It is further contended:
“The original karagar i.e. the birth place of Lord Krishna lies beneath the construction raised by Committee of Management i.e. Trust Masjid Idgah. The true fact will come out before the Court after excavation.”
The Sunni Central Board of Waqf has been arrayed as a Defendant since it is alleged that the Board granted approval to the Committee of Management Trust Masjid Idgah to enter into a compromise with Shree Krishna Janmasthan Seva Sangh, giving away some of the deity’s land for building the Mosque.
Committee of Management of Trust Masjid Idgah has also been arrayed as a Defendant, “as it without any authority of law and in utter violation of decree of the Court with the help of some Muslims put super structure and encroached upon the land of Katra Keshav Dev belonging to Shree Krishna Janmasthan Trust and the deity.”
Further, Shree Krishna Janmbhoomi Trust has been arrayed as an Opposite Party, as it is contended that the Trust has remained non-functional since 1958 and it has “failed to protect, manage and save the property of the deity.”
The Petitioners have submitted:
“Under Hindu Law prevalent in India from thousands of years it is well recognized that the property once vested in the deity shall continue to be the deities property and property vested in the deity is never destroyed or lost and it can be regained and re-established whenever it is freed, found or recovered from the clutches of invaders, ultras or
hoodlums.”
The Petitioners have submitted:
That it is matter of fact and history that Aurangzeb ruled over the country from 31.07.1658 (Thirty One Seven Sixteen Fifty Eight) to 3.03.1707 (Three Three Seventeen Zero Seven) AD and he being staunch follower of Islam had issued orders for demolition of large number of Hindu religious places and temples including the temple standing at the birth place of Lord Shree Krishna at Katra Keshav Dev, Mathura in the year 1669-70 (Sixteen Sixty Nine- Seventy) AD. The army of Aurangzeb partly succeeded to demolish Keshav Dev Temple and a construction was forcibly raised showing the might of power and said construction was named as Idgah Mosque.
Now, the Hindus are united to remove the Idgah Mosque that was forcefully made by Aurangzeb and to build a magnificent Krishna Janmabhoomi Temple in Mathura as Hindus successfully removed the Babri Mosque and started the reconstruction of Ram Janmabhoomi Temple in Ayodhya.
News flow: Live Law News Network.
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