The Allahabad High Court on Wednesday reserved its order on a petition seeking transfer of Sri Krishna Janmabhoomi-Shahi Idgah case from a Mathura court to itself.
The Hindu petitioners in this case have claimed right over the land on which the mosque is built adjacent to the Krishna temple. They have requested that the original trial must be conducted by the high court itself.
Justice Arvind Kumar Mishra reserved the order after hearing the transfer petition filed in the name of Lord Krishna at Katra Keshav Dev Khewat Mathura (deity) through “next friend” Ranjana Agnihotri and seven others.
The court asked the counsel for the parties to provide written submissions within three days.
On Monday, a bench of Justice Prakash Padia of the high court remanded back to a trial court in Mathura the Katra Keshav Dev Temple-Shahi Masjid Idgah dispute case. The UP Sunni Central Waqf Board and the Shahi Masjid Idgah management committee had moved the high court for adjudication of the matter, saying it had wider implications.
The respondents in the Sri Krishna Janmabhoomi-Shahi Idgah case include the UP Sunni Central Waqf Board, the Shahi Masjid Idgah management committee, Shri Krishna Janmabhoomi Trust, Katra Keshav Dev, Deeg Gate, Mathura and Shri Krishna Janmasthan Sewa Sansthan, Katra Keshav Dev, Deeg Gate, Mathura.
The applicants filed a civil suit before the civil judge (senior division), claiming right of the Hindu community over the Idgah Masjid, stating it was built after demolishing Hindu temples and the structure cannot be a mosque as no waqf was ever created and the land was never dedicated for construction of a mosque.
Earlier, the petitioners’ counsels had argued that the issues involved in the matter concern crores of devotees of Lord Krishna and the matter is of national importance.
The substantial questions of law and several questions relating to the interpretation of the Constitution which are involved in the suits can be conveniently decided by the high court being the Constitutional court.
Besides, the petitioners’ counsel had taken the plea that the case involves questions relating to history, the scriptures, interpretation of Hindu and Muslim law and also several questions relating to the interpretation of the Constitution. Therefore, all the suits pending before the court below may be transferred to the high court, they said.
