Krishna Janmabhoomi: Mosque committee object to creation of special court for hearing cases
Hindu petitioners in one of the cases had earlier moved a transfer application seeking the formation of a special court to hear all the cases related to Sri Krishna Janmabhoomi and Shahi Eidgah mosque
The Shahi Eidgah mosque management committee on Friday filed its objection in the court of the district judge, Mathura, against the application moved by Hindu petitioners to transfer all the cases related to Sri Krishna Janmabhoomi issue in Mathura to a special court after clubbing them. The court fixed October 7 for reply to be filed by Uttar Pradesh Sunni Central Waqf Board—another respondent in the case which is yet to appear in the court.
Hindu petitioners in one of the cases related to the Sri Krishna Janmabhoomi issue had earlier moved a transfer application on July 15, 2022 in the court of the district judge, Mathura, seeking the formation of a special court to hear all the cases related to Sri Krishna Janmabhoomi and Shahi Eidgah mosque— similar to the one created for cases related to Ayodhya. Around 12 cases have been filed over this issue in the Mathura court since September 2020.
“There is a provision under section 24 of the Civil Procedure Code where a case can be transferred from a court which, because of excess work, is unable to hear the matters pending before it. There are a dozen cases related to the Sri Krishna Janmabhoomi matter in the Mathura court. These cases need speedy disposal but it has not been possible due to excess work,” said Rajendra Maheshwari, petitioner and counsel in case no 950 of 2020.
“There had been orders from the high court of Allahabad and district judge court in Mathura for expediting the hearing of cases but still almost all the cases are in preliminary stages despite being filed since September 2020 and thus some steps need to be taken,” Maheshwari added.
“There has been a precedent of constituting a special court dedicated to an important issue like Ayodhya and a similar arrangement could be done for disposal of dozen cases filed over the Sri Krishna Janmabhoomi issue in the Mathura court,” he said.
“The transfer application filed by petitioners is not legally maintainable and is liable to be dismissed. The court of civil judge (senior division) is conducting speedy and proper hearing for battery of the cases filed on issue and it is rather petitioners themselves who are filing baseless applications and adjournments to delay disposal of cases” said Tanveer Ahmed, the counsel and secretary, Intezamia Committee, Shahi Eidgah Mosque in Mathura, while appearing in the court on Friday.
“On July 21, 2022, the court of civil judge (senior division), Mathura, had ordered day to day hearing on application under Order 7 Rule 11 filed from July 25, 2022 while categorically stating that no adjournments will be allowed in the case till the hearing is completed. It was the petitioners who moved the adjournment application on July 25, 2022 to hinder the hearing and did not comply with the orders of the court,” Ahmed added.
“Besides, there are different petitioners in various cases filed on issue of Sri Krishna Janmabhoomi in Mathura courts and none has expressed consent to such clubbing of cases or for hearing in special court. Rather, one of the Hindu petitioners has objected to the idea which, in fact, is another delaying tactics by Hindu petitioners not interested in arguing on the application filed under order 7 Rule 11 of Civil Procedure Code,” he said.