Lawyer Moves Allahabad High Court Seeking Removal Of Idgah Mosque From Site Claimed As Krishna Janam Bhoomi

The petition filed by Advocate Mahek Maheshwari seeks that the temple land should be handed over to the Hindus and a proper trust for Krishna Janmabhoomi Janmasthan be formed, for building a temple on the said land.

In the interim, the plea seeks permission for Hindus to worship at the Masjid on certain days in a week and on Janmasthmi days, till the disposal of the petition.

The plea alleges that Lord Krishna was born in karagar of King Kans and the place of his birth lies beneath the present structure raised by the Shahi Idgah Trust. It is stated 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 Petitioner has submitted:

"The committee of 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. In fact Shree Krishna Janmbhoomi Trust is non-functional since 1958."

She added, "even on the Governments official website of Mathura District it is stated that Shahi idgah mosque is built after demolition of Krishna Janmabhoomi by Aurangzeb."

She has further claimed that existence of Carved pillars & Antiquities below the courtyard of the Shahi Idgah Mosque was reported by certain workers.

In this backdrop a prayer is made for Court-monitored GPRS based excavation by Archaeological survey of India (ASI) of the disputed structure, allegedly built over Krishna janmasthan.

It is contended that Masjid is not an essential part of lslam and hence, the disputed land should be handed over to the Hindus for exercise of their right to freely profess, practice and propagate religion under Article 25 of the Constitution.

The plea also urges the court to strike down Sections 2,3, 4 of the Places of Worship Act, 1991, as unconstitutional. It is stated that the impugned provisions abolish the pending suit/ proceedings in which cause of action had arisen prior to August 15, 1947 and thus, the remedy available to aggrieved person through Court has been denied.

"That the above mentioned sections of places of worship Act 1991 are violative of article 14, 25 & 26 of Constitution of India. As these provisions are arbitrary, denies justice so to be declared Unconstitutional," the plea states.

It is also submitted that provisions violate the doctrine of Hindu law that Temple property is never lost even if enjoyed by strangers for years and even the king cannot take away property as deity is embodiment of God and is juristic person, represents 'Infinite- the timeless' and cannot be confined by the boundaries of time.

In related news, an appeal against the order of Civil Judge, Mathura, dismissing the suit for removal of Masjid Idgah, allegedly built on the land of Shrikrishna Janam Bhoomi, is pending before the Mathura District Court.

Notices were issued to Uttar Pradesh Sunni Waqf Board, Trust Masjid Idgah, Srikrishna Janamsthan Trust and Sri Krishna Janam Bhoomi Seva Sangh in the matter and it is scheduled to be heard on November 19, 2020.