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Krishna Janmabhoomi: Allahabad HC issues notices in plea seeking transfer of suits

Appearing for the petitioners, advocate Vishnu Shankar Jain argued that the issues involved in the matter concerned crores of devotees of Lord Krishna and the matter was of national importance

Published on: Feb 2, 2023, 23:05:37 IST
By , PRAYAGRAJ
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The Allahabad high court issued notices in the case seeking transfer of Shri Krishna Janmabhoomi case pending before several courts in Uttar Pradesh’s Mathura to the high court in which Hindu devotees have claimed right over land on which Shahi Eidgah mosque is built.

The court fixed March 2, 2023, as the next date of hearing in the case. (For Representation)
The court fixed March 2, 2023, as the next date of hearing in the case. (For Representation)

The petitioners have requested that the original trial must be conducted by the high court. The court fixed March 2, 2023, as the next date of hearing in the case while issuing notices to managing committee of Shahi Eidgah Mosque, which adjoins the Krishna Janmabhoomi, Shri Krishna Janmabhoomi Trust, Katra Keshav Dev, Deeg Gate, Mathura and Sri Krishna Janmasthan Seva Sansthan, Katra Keshav Dev, Deeg Gate, Mathura.

Justice Nalin Kumar Srivastava passed the order on February 1 (Wednesday) in a petition filed by Bhagwan Sri Krishna Virajman through next friend Ranjana Agnihotri and seven others. Applicants had filed a civil suit before civil judge (senior division), Mathura, for declaration and injunction claiming right of Hindu community over Shahi Eidgah Mosque while claiming it was constructed after demolishing Hindu temples and such construction cannot be a mosque as no waqf was ever created and land was never dedicated for construction of the mosque.

Appearing for the petitioners, advocate Vishnu Shankar Jain argued that the issues involved in the matter concerned crores of devotees of Lord Krishna and the matter was of national importance and substantial questions of law and several questions relating to the interpretation of the Constitution of India involved in the suits aforesaid could be conveniently decided by high court being the Constitutional court.

“The case involves questions relating to history, scriptures, interpretation of Hindu and Muslim laws and also several questions relating to the interpretation of the Constitution of India. Therefore, all the suits pending before court below may be transferred to the high court,” he argued.

The counsel for UP Sunni Central Waqf Board opposed the transfer application and argued that the present application was not maintainable and instead an application under Article 228 of the Constitution should have been moved before the Chief Justice of the high court for the said purpose. It was also submitted that the applicants alone cannot file transfer application on behalf of the parties to other cases and they should also be heard in the matter.