Mathura Court rejects suit seeking removal of Masjid Idgah allegedly built on Shrikrishna Janam Bhoomi

A Civil Court in Mathura Wednesday dismissed a suit filed on behalf of Lord Shrikrishna Virajman, for the removal of the Masjid Idgah, allegedly built on Shrikrishna Janam Bhoomi or the birthplace of Lord Krishna.

The Court held that the plaintiff had no right to sue in the matter and just because they were devotees of Lord Krishna did not give them the right to institute a suit.

The suit sought to remove the 'encroachment' and superstructure 'illegally' raised by the Committee of Management of the alleged Trust Masjid Idgah with the consent of the Sunni Central Board of Waqf on land Khewat No.255 at Katra Keshav Dev city Mathura belonging to the deity Shree Krishna Virajman.

The plaintiffs stated that Lord Shree Krishna is an incarnation of Lord Vishnu. He took birth in human form on the day of Ashtami in Krishna Paksh in the month of Bhadrapad about 5132 (Five Thousand One Hundred Thirty-Two) years ago in Dwapar Yuga in a prison at Mathura, the place known as Katra Keshav Dev, in Virishni Kingdom ruled by King Kans.

According to the plaint, 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 a staunch follower of Islam had issued orders for the demolition of a large number of Hindu religious places and temples including the temple standing at the birthplace 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 construction was forcibly raised showing the might of power and the said construction was named as Idgah Mosque", the plaint read.

Uttar Pradesh Sunni Central Waqf Board was arrayed as one of the defendants. As per the suit, Sunni Waqf Board had granted approval to the Committee of Management Trust Masjid Idgah to enter into the compromise dated 12.10.1968, which was illegal and void for the reason that society Shree Krishna Janmasthan Seva Sangh had no right over the property involved in Civil Suit No.43 of 1967 decided by  the Civil Judge, Mathura at it was neither owner nor proprietor of the property involved in the said suit situated at Katra Keshav Dev.

The Committee of the Management of Trust Masjid Idgah was made as Defendant No.2 (Two). The suit stated that this Committee without any authority of law and in utter violation of the decree of the Court with the help of some Muslims put a superstructure and encroached upon the land of Katra Keshav Dev belonging to Shree Krishna Janmasthan Trust and the deity.

"The committee of the Management of Trust Masjid Idgah entered into illegal compromise on 12.10.1968 (Twelve Ten Nineteen Sixty Eight) with the Society Shree Krishna Janamasthan Seva Sangh and both have played fraud upon the Court, the plaintiff Deities and devotees with a view to capture and grab the property in question", the suit states.

Earlier speaking to the Leaflet on the maintainability of the suit , Supreme Court lawyer Prasanna S had said, "The Places of Worship (Special Provisions) Act, 1991 is not only the law of the land but the basis of that legislation, that is, the policy of non-retrogression was elevated to the status of the basic feature of the Constitution in the Ayodhya judgment by a five-judge bench".

The suit was, in the opinion of Advocate Prasanna, thus clearly misconceived.