[Krishna Janam Bhoomi Case] If Each And Every Devotee Is Allowed To Institute Such Suits, It Would Jeopardize The Judicial System: Mathura Court [Read Order]

The Court firstly heard the Plaintiffs on the question of maintainability of their plaint. It was submitted by the Counsel for the Plaintiffs that in the present plaint, the first plaintiff is Bhagwan Shree Krishna Virajmaan and the second plaintiff is 'Shree Krishna Janmbhoomi'—the place of birth of Lord Shree Krishna, which as per the Plaintiffs has "special significance" in religious scriptures as well as under Hindu law.

The Counsel relied upon the ruling of the Apex Court in the cases of Saleem bhai & other Vs. State of Maharashtra & others, (2003)1 S.C.C 557, P.V Guru Raj Reddy and otr. Vs. P. Neeradha Reddy and otr., (2015)8 S.C.C 331, Kuldeep singh pathania Vs. Bikram Singh Jaryal (2017)5 S.C.C 345 etc.

The Court took into account the fact that the present suit was being instituted by the plaintiffs seeking the Cancellation of Decree, Declaration, Permanent and Mandatory Injunction.

The court observed that the plaintiffs (through the institution of suit) demand the annulment of an earlier Mathura court ruling, which ratified a land deal reached between the Shri Krishna Janmasthan Seva Sansthan and the Shahi Idgah Management Committee.

It was alleged that the committee of Management of Trust Masjid Idgah entered into an illegal compromise on 12.10.1968 (Twelve Ten Nineteen Sixty-Eight) with the Society Shree Krishna Janamasthan Trust 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 Court agreed with the argument of the Counsel for the Plaintiffs that under Order 7 Rule 11 of Civil Procedure Code, 1908, the Court has to look into the entirety of the averments made in the plaint, however, the Court further observed that the plaintiffs have to first prove as to what their interest is (in the property in question) and as to how they have the right to sue in relation to the property in question.

The Court was of the view that in the present suit, the first plaintiff is Bhagwan Shree Krishna Virajmaan and the Second Plaintiff is 'Shree Krishna Janmbhoomi'—the place of birth of Lord Shree Krishna, and the rest plaintiffs are the devotees of Shree Krishna.

Further, the Court observed that such type of suits is instituted through Shebait, however, the court noted, that the present suit has not been instituted through Shebait.

Plaintiff No. 3 to 8 claimed to be the Next friend of Plaintiff No. 1 and Plaintiff No. 2.

The Court noted that Shree Krishna is considered to be the Avtar of Lord Vishnu, and there are infinite number devotes of Shree Krishna in the whole world.

Importantly, the Court, further opined, if each and every devotee is allowed to institute such suits, it would Jeopardize the Judicial and Social System.

The Court remarked that to allow the plaintiffs to institute the suit, on the basis of they being the devotees, isn't Justified and is legally untenable and the institution of the suit by the devotees is not allowed in the eyes of Law.

Noting the aforesaid, the Court came to the conclusion that the plaintiffs in the present matter do not have the right to sue and so there is no base to register the case and hence it deserved dismissal.

Advocate Vishnu Jain appeared for Plaintiffs.

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