A Mathura Civil Court refused to admit a suit which sought to remove the Idgah mosque on the ground that it was built over the Krishna Janam Bhoomi, i.e. the birthplace of Krishna (GOD).
Earlier a Suit was filed for reclaiming Krishna Janam Bhoomi. Read Here
The Court first dealt the issue of maintainability, on which the Counsel for the Plaintiffs submitted that in the Plaint, Bhagwan Shri Krishna Virajman is the first Plaintiff and Shri Krishna Janmbhoomi, i.e. the place of Birth of God Krishna is the Second Plaintiff. The Plaintiff submitted that the place has immense significance in Hindu Law.
Plaintiffs further alleged that the Shri Krishna Janmabhoomi Trust is not working properly and in fact, it is almost non-functional; therefore, the Plaintiffs has filed the Suit for proper maintenance and safety of the Janmabhoomi.
Reliance was placed upon Article 25 of the Constitution of India, to plead that present Suit filed by the Plaintiff is maintainable.
The Plaintiffs also relied upon various Judgments of Supreme Court to satisfy the Court on the issue of maintainability. Judgments cited by the Plaintiffs are:
- P.V Guru Raj Reddy and ors. Vs. P. Neeradha Reddy and ors., (2015) Vol 8 S.C.C Page 331,
- Saleem bhai & other Vs. State of Maharashtra & others, (2003) Vol. 1 S.C.C Page 557,
- K.S Pathania Vs. B.K. Singh Jaryal (2017) 5 SCC Page 345
- Shaukathussain Mohammed Patel Vs. Khatunben Mohmmedbhai Polara (2019)10 S.C.C. 226
- Gram panchayat of Village Naulakha Vs. Ujagar Singh & others (2000) 7S.C.C 543
- Chandro Devi & ors. Vs. Union of India & ors. 2017(9) SCC 469
After hearing the Plaintiffs, the Court observed that the Plaintiff actually wants annulment of Judgment Decree dated 20.07.1973 and 07.11.1974 passed in Original Suit No. 43/1967, by means of with a land deal betweent he Shahi Idgah Management Committee and Shri Krishna Janmasthan Seva Sansthan has been ratified.
The Court found that the Plaintiff alleges that such agreement/arrangement was a fraud upon the Court with the object to capture the property of GOD.
The Court held that the decisions of Trust could be subjected to challenge by Trustee only, and as per their own averment, the Plaintiffs are not Trustee.
Further, the Court observed that the Plaintiffs have to show their right to sue first, then only further steps can be taken. It has also been held that the Present Suit cannot be said to be filed by shebait, as Lord Krishna is Avtar of God Vishnu and therefore there would be an innumerable number of devotees in the world, not only the Plaintiff No. 3 to 8
The Court observed that if every devotee starts coming to the Court on behalf of GOD, this will jeopardize the Social and Judicial System.
Based on the above reasoning, the Court concluded that the Suit filed by the Plaintiffs is not maintainable and the Plaintiffs have no right to sue; therefore, the Suit was dismissed.
Title: Bhagwan Shri Krishna Virajman and Others vs U.P. Sunni Central Waqf Board and Others
Case No. Misc. Suit No. 176/2020
Date of Order: 30.09.2020
Quorum: Ms. Chhaya Sharma, Incharge Civil Judge (Senior Division) Mathura