E-Paper
Krishna Janmabhoomi: Varanasi court order gives hope to Hindu petitioners in Mathura
The order passed by the court of district judge at Varanasi in Shringar Gauri complex-Gyanvapi mosque case on Monday has come as shot in the arm for the Hindu petitioners in about a dozen cases filed in Mathura courts on Sri Krishna Janmabhoomi issue
The order passed by the court of district judge at Varanasi in Shringar Gauri complex-Gyanvapi mosque case on Monday has come as shot in the arm for the Hindu petitioners in about a dozen cases filed in Mathura courts on Sri Krishna Janmabhoomi issue.
The court of Varanasi district Ajay Krishna Vishvesha had on Monday ruled that the case filed on Shringar Gauri-Gyanvapi issue was maintainable in the court of law. The court had rejected the plea of the Anjuman Intezamia Masjid Committee (AIMC) challenging the maintainability of the suit filed by five Hindu plaintiffs seeking permission for the worship of Maa Shringar Gauri Sthal inside the Gyanvapi mosque.
The Varanasi district court ruled that the case was maintainable in the court of law and rejected the application moved by the Anjuman Intezamia Masajid Committee under Rule 7 Order 11 of Civil Procedure Code (CPC) that the Places of Worship Act (Special Provisions) 1991 is applicable in this case and the plea was not maintainable in the court
The major opposition party in litigation filed in Mathura courts by Hindu petitioners is Intezamia Committee managing the affairs at Shahi Eidgah mosque in Mathura. It is mainly relying on this plea that the petition filed in Mathura courts are barred by the Places of Worship (Special Provisions) Act 1991 and has moved objections in most of the cases, they have appeared, under Order 7 Rule 11 challenging the maintainability of petitions on this ground.
The Places of Worship Act (Special Provisions) Act 1991 states that the religious character of a place of worship existing on the 15th day of August, 1947, shall continue to be the same as it existed on that day. The order passed by the Varanasi district court on Monday reminds of a similar order passed the court of district judge, Mathura, on May 19, 2022 while hearing a revision.
District judge, Mathura, Rajeev Bharti (HJS) on May 19, 2022 had passed the order in the civil revision no. 02 of 2021, Bhagwan Shrikrishna Virajman through next friend Ranjana Agnihotri versus UP Sunni Central Waqf Board and others.
The revision arose after the incharge civil judge (senior division), Mathura, on September 30, 2020 dismissed the miscellaneous case number 176 of 2020 on question of maintainability of suit on ground that petitioners (mostly lawyers from Lucknow, Siddharthnagar , Basti, Delhi) being the worshippers/devotees of Lord Krishna had no right to file the suit.
In its order dated May 19, 2022, the court of district judge Mathura too was of view that the provisions of the Places of Worship Act (Special Provisions) Act 1991 are not applicable by virtue of Section 4(3)(b) of the Act and the case was re-instituted in court of civil judge, senior division, Mathura.
U.P. Sunni Central Waqf Board filed an appeal in the Allahabad high court against order passed by the district judge, Mathura, on May 19, 2022. The high court on August 4, 2022 stayed proceedings pending before the Mathura court and the stay order continues in the case filed by Ranjana Agnihotri and others. It was the first case filed on the issue on September 25, 2020 seeking removal of Shahi Eidgah mosque and handing back of land measuring 13.37 acre to Hindu deity.
However, the order passed by Varanasi district court has given a ray of hope to the petitioners of about a dozen cases filed in Mathura courts over issue of Sri Krishna Janambhoomi.
Reacting to Varanasi court order, treasurer of Akhil Bharat Hindu Mahasabha (ABHM) and petitioner in two cases at Mathura courts, Dinesh Sharma termed ot a major victory for Hindus and distributed sweets on Tuesday.
“We will file copies of the order passed by the Varanasi court in various cases pending before Mathura Courts. The order passed by Varanasi court has strengthened our stand and has established that The Places of Worship Act (Special Provisions) Act, 1991, does not bar the petitions filed in regard to religious structures razed down by Mughal invaders” said Dinesh Sharma.
Tanveer Ahmed, secretary to and counsel for Intezamia management committee of Shahi Eidgah mosque, however, claimed that the Varanasi court order will have no effect on cases in Mathura courts.
“The matter in Varanasi is different from those in Mathura court and will have no impact. In Mathura, the order passed by the district judge on May 19, 2022, has been challenged and stay has been granted by the Allahabad high court,” he added.
