Plaint Seeking Excavation Of Idols Allegedly Buried In Agra Mosque: Mathura Court Returns It For Want Of Notice To UOI

A fresh plaint claiming that jewel-studded idols from Mathura's Keshav Dev temple were buried under the stairs of the Begum Sahiba Mosque near Deewan-e-Khas in the Agra Fort, was returned by the Mathura Court yesterday for want of notice to UOI under Section 80 of the CPC.

Although the plaint was filed under Section 80(2) of the Code of Civil Procedure for dispensing with the notice (of 60 days) as required under Section 80(1) of the Code of Civil Procedure on grounds of urgency, however, the Court was not satisfied that there was any urgency in the matter and thus, it returned the plaint.

It may be noted that the proviso to Section 80 (2) provides that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate relief need be granted in the suit, return the plaint for presentation to it after complying with the requirements of subsection (1).

The suit filed by Advocate Mahendra Pratap Singh, one of the first plaintiffs in the dispute, sought the return of the idols which were allegedly removed by Mughal emperor Aurangzeb from the Sri Krishna Janambhoomi temple (Keshav Dev Temple)

The plaint had named the Union of India, the Director-General of the Archeological Survey of India (ASI), and ASI officials in Mathura and Agra as defendant parties but it failed to serve mandatory 2 months' notice to the defendants (u/s 80 CPC)on the ground of urgency.

It was pleaded in the plaint that ASI be directed to get these idols excavated from the stairs of the Begum Sahiba Masjid in Agra Fort and bring them back to Keshav Dev temple at Sri Krishna Janmabhoomi. The plea also sought a direction that the members of the public be stopped from visiting the site in question.

Speaking to Live Law, Advocate Mahendra Pratap Singh said that his plaint was returned as he had not served the defendants including the UOI as per Section 80 (1) CPC and he will now serve notice to the Union of India and then file the plaint before the Civil Judge.

Earlier, an application had been moved before the court in Mathura with a prayer to seal the disputed Idgah mosque complex by the petitioners, Advocates Mahendra Pratap Singh and Rajendra Maheshwari claiming that if the disputed premises is not sealed, then the religious character of the property will be changed.

The application also demands that the security of the Shahi Idgah Mosque premises should be increased, any kind of movement should be banned and security officers should be appointed. The Civil Judge Senior Division Court will hear this petition on July 1.

Advocate Mahendra Pratap Singh, who is also the president of Sri Krishna Janmabhumi Mukti Nyas, has stated in his application that the evidence of Sanatan temples like Swastika, lotus flower, snake, bell, Kalash, flower garland, and other religious symbols are also present in the Shahi Idgah mosque.