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The Mathura District Court on Thursday held that the suit filed in the year 2020 seeking removal of the Mathura Shahi Idgah Masjid, allegedly built on the land of Shrikrishna Janam Bhoomi Trust is maintainable.

Court held that the provisions of the Places of Worship (Special Provisions) Act 1991 are not applicable to the instant suit by virtue of section 4 (3)(b) of the Act.

District Judge Rajeev Bharti rejected the claim of the respondent parties that the suit is not maintainable in view of the provisions contained in Section 4 of the 1991 Act which states that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day and no suit, appeal or other proceeding with respect to any such matter shall lie on or after such commencement in any court, tribunal or other authority.

Court relied upon the Section 4 (3)(b) which states that nothing contained in sub-section (1) and sub-section (2) of the Section 4 shall apply to any suit, appeal or other proceeding, with respect to any matter referred to in sub-section (2) finally decide, settled or disposed of by a court, tribunal or other authority before the commencement of this Act.

The order was passed on a revision plea moved by Bhagwan Shrikrishna Virajman, Bhagwan Shrikrishna Virajman, at Katra Keshav Dev, through next friend Ranjana Agnihotri, and 5 devotees against the order of the Civil Court.

The lower court had, on September 30 2020, dismissed the suit that seeks mosque's removal alleging that it is built over the land belonging to the deity and the actual birthplace of Lord Krishna lies beneath the mosque.

The lower court had held that the plaintiff being the devotees/worshippers of Lord Krishna have no right to file the suit.

The plaintiffs then moved a revision plea alleging that they had filed the suit for the welfare and benefit of the deity and the devotees at large and they have the right to assert their right to religion guaranteed by Article 25 of the Constitution to have darshan and perform puja at the actual birthplace of Lord Krishna.

They contended that the suit had been filed by the deity through next friend and 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 in the case when their action is hostile to the interest of deity and devotees.

The plaintiffs(revisionists) claimed that U.P. Sunni Central Waqf Board and the Committee of Management, Trust Alleged Shahi Masjid Idgah encroached upon the minor deity’s land by way of a fraudulent and collusive decree passed Civil Suit No. 43 of 1967 wherein the 'Shri Krishna Janamasthan Sewasangh and Trust Masjid Idgah had reached an illegal compromise.

Revisionists contended that the society conceded valuable property of Deity/Trust in favour of Trust Masjid Idgah, even though it was not the owner and the property had already vested in Shri Krishna Janmbhoomi Trust and it had no right to file the suit and to enter into compromise in respect of the land belonging to the Trust.

Revisionists alleged that Seth Jugal Kishore Birla on February 8, 1944 had purchased land of 13.37 acres situated in Katra Keshav Dev from the legal heirs of Raja Patnimal through a registered sale deed in the name of Mahamana Pt.Madan Mohan Malviya, Goswami Ganesh Dutt and Professor Bhikanlal Attrey and  created a public trust in the name of Shri Krishna Janmbhoomi Trust on February 21, 1951.

However, a society, namely Shri Krishna Janmasthan Seva Sansthan, established on May 1, 1958 overpowered the said Trust and conceded valuable property of Deity/Trust in favour of Trust Masjid Idgah, plaintiffs alleged.

Through the instant suit, the revisionists/plaintiff seek a declaration that the entire land of 13.37 acres vests in the deity Lord Shrikrishna Virajman and their encroachment over it should be removed.

The District Court also agreed with the plaintiff’s argument that they, being the devotee of the minor deity, can file suit for the restoration and re-establishment of religious rights of the deity.

Accordingly, Court set allowed the revision plea and set aside the order of the lower court. Court directed the Trial Court to hear both the parties and to pass appropriate order in light of the observation made by it in the revision plea.

Court directed both the parties to appear before the Trial Court on May 26.

Case Title: Bhagwan Shrikrishna Virajman etc. Vs. U.P. Sunni Central Waqf Board etc.