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Synopsis

The Allahabad High Court on Monday heard the arguments of the Hindu side in the matter of Krishna Janmbhoomi and Shahi Eidgah suits in Mathura. The Hindu side countered the Muslim side's claim that the disputed property is a waqf property.

The property in question was a temple and “after taking forcible possession of the same they started to offer Namaz but by this, the character of land cannot be changed”, the counsel for the Hindu side led by Adv Vishnu Jain argued before the bench of Justice Mayank Kumar Jain.

The counsel emphasized that the property in question is not a Waqf property and therefore the Wakf Act does not apply to it. By asserting that "it is not Waqf property," the counsel argued that the high court has jurisdiction to adjudicate the matter.

The Muslim side had questioned the maintainability of the suits filed by Hindu side. They contended that jurisdiction over the matter lies exclusively with the Wakf Tribunal, and civil courts are not competent to adjudicate the case.

The matter will be next heard on April 30, 2024. 

On April 1, the Muslim side had argued that the title suit should not be entertained due to its conflict with the Waqf Act and the Places of Worship Act 1991. These laws prohibit the conversion of places of worship and mandate the preservation of their religious character as of August 15, 1947, Advocate Tasneem Ahmadi, counsel for the defendants (the Muslim side comprising the UP Sunni Central Waqf Board and the management committee of Shahi-Eidgah Masjid) had contended.

Ahmadi had pointed out that the suit by Hindu side seeks possession after the removal of the Shahi Eidgah Masjid structure, restoration of a temple, and a permanent injunction. She had asserted that since the masjid structure remains and is under the management committee's possession, a dispute over Waqf property arises, thereby falling under the jurisdiction of the Waqf Tribunal rather than a civil court.

The Dispute:

The high court is seized with a total of 18 suits pertaining to the dispute. It has already consolidated 15 suits to be heard together. 

The suits before the court are related to 13.37 acre land at Katra, Keshav Dev. The main relief sought through the suits is a direction for removal of the mosque from the land in question.

A claim has been made by many devotees of Lord Krishna that the Shahi Idgah Mosque is built over the land belonging to the deity and the actual birthplace of Lord Krishna lies beneath it.

It has been alleged that the 13.37 acres of land, which also includes the mosque area, is the Krishna Janmbhoomi land, and, the illegal structure was raised by Muslims over it.

Case Title: Bhagwan Shrikrishna Virajman At Katra Keshav Dev Khewat No. 255 And 7 Others v. U.P. Sunni Central Waqf Board And 3 Others And Connected Matters

[Inputs: PTI]