E-Paper
Maintainability of plaint seeking idol recovery from Agra Fort challenged
The plaintiff had alleged that Krishna idols were buried buried under the stairs of the mosque in the Agra for after being brought from Sri Krishna Janmabhoomi in Mathura, allegedly destroyed by Mughal emperor Aurangzeb in the 17th century
AGRA The Intezamia (management) Committee of Shahi Masjid, Agra Fort has challenged the maintainability of the suit filed by a Hindu activist seeking recovery of Sri Krishna idols buried under the stairs of the mosque in the fort. The activist had alleged that the idols were buried there after being brought from Sri Krishna Janmabhoomi in Mathura allegedly destroyed by Mughal emperor Aurangzeb in the 17th century.
In its application moved in the Small Causes Court here on Thursday, under Order 7 Rule 3 and Rule 11(d) read with Section 151 Civil Procedure Code, the Intezamia Committee of Shahi Masjid objected to the suit filed on ‘false, wrong, baseless and imaginary allegations’. Calling it a politically motivated petition aimed at hurting the religious sentiments of Muslims, the committee has sought rejection of the plaint filed by a trust constituted by Hindu preacher (katha vachak) Devki Nandan Thakur.
“The plaint does not contain actual place, description and boundaries of suit property and causes confusion about identification of the exact location. There is no such mosque known as Chhoti Masjid Deewan-e-Khas at Agra Fort as stated in the plaint. In fact, historical Shahi Masjid is situated in front of Agra Fort Railway Station and is popularly known as Jama Masjid,” the committee’s application said.
“This Jama Masjid, constructed by Jahan Aara, the daughter of Mughal emperor Shah Jajan, is a protected monument maintained by the Archaeological Survey of India, like other historical monuments in Agra. Shahi Jama Masjid is registered as Waqf property in the registers of UP Sunni Central Board in Lucknow. The petitioner has failed to give actual location of mosque of Begum Sahib now known as Chhoti Masjid Deewan-e-khas which was previously known as Navrang Padshah Masjid, now known as Shahi Idgah Masjid, under steps of which the petitioner alleges the idols are buried after being brought from Mathura,” said the application.
The Intezamia committee said there was confusion about location of mosque of Begum Sahib as it was not clear in the plaint if it was in Agra Fort or Shahi Idgah Masjid.
The committee, defendant number 1, has also invoked provisions of Places of Worship (Special Provisions) Act of 1991 and claimed that the suit was barred by the Act.
“The suit has been filed after 350 years without basis and is barred by Section 85 of Waqf Act which prohibits legal proceeding related to Waqf property in civil courts,” said the committee’s application, which urged the court to reject the plaint at this very stage.
“We have received the copy of the application and will file its reply because there is no ground available to the defendants to seek rejection of plaint. The court is also to hear our application seeking survey by Ameen and to make ASI a party to case on October 27, the date fixed for hearing,” said Vinod Shukla, the counsel for petitioners namely Sri Krishna Janmabhoomi Sanrakshit Sewa Trust founded by Hindu preacher Devki Nandan Thakur.
Earlier, the petitioner had moved an application seeking direction to the ASI to investigate/undertake survey regarding the idols of Keshav Dev buried under the stairs of the mosque.
