After the landmark Ayodhya verdict, another major land dispute is in the highlights with major socio-religious implications. Pertaining to the centuries-old Shrikrishna Janm Bhoomi dispute in Mathura, a civil suit has been filed in Mathura district court seeking removal of the Idgah Masjid, allegedly constructed at the site of the Ancient Birth-site of Hindu deity Shrikrishna. The suit has been filed in the name of “Lord Shrikrishna Virajman” through a legal representative Ranjana Agnihotri. The First plaintiff, described as Shrikrishna Virajman Himself, is enabled to file the petition through a next friend and carries the capacity to sue and be sued through shebait. The First Plaintiff has the right to acquire property, defend its rights, and reclaim the lost property, as stated in the petition. While the second plaintiff has been referred to as “Shri Krishna JanmBhoomi – Then Birth Place of Lord Krishna” – a space holding sacred value in the Hindu Scriptures and Law, the other six petitioners in the suit are devotees.
Arguing on the lines of Article 26 of the Indian Constitution, the plaintiff(s) affirmed the rights of the Religious Communities to hold and manage the affairs of property belonging to Shri Krishna Virajman. It is further alleged that the alleged 13.37 acres of land were accorded by the Shree Krishna Janmsthan Seva Sangh to the Shahi Idgah Masijd Trust, as part of a compromise in 1968. The plaintiffs challenged the validity of compromise argued, “as it without any authority of law and in utter violation of decree of the Court with the help of some Muslims put superstructure and encroached upon the land of Katra Keshav Dev belonging to Shree Krishna Janmasthan Trust and the deity." The Krishna Janambhoomi Trust as an opposite party contended that the trust was not functional since 1985 and it has failed to protect, manage, and save the property of the deity. The petitioner argued, "Under Hindu Law prevalent in India from thousands of years it is well recognized that the property once vested in the deity shall continue to be the deities property and property vested in the deity is never destroyed or lost and it can be regained and re-established whenever it is freed, found or recovered from the clutches of invaders, ultras or hoodlums."
The suit has projected the Central and UP Sunni Waqf Board as the defendants since the former was the same organization granted approval to the Shahi Idgah Masjid Trust to enter into the compromise with the Shri Krishna Janmsthan Seva Trust. The petition has discounted the defendants of any proprietorship of the said land and claimed ownership of the same in the name of Shri Krishna Virajman. The suit seeks a reclamation of the land conceded to the Sunni Waqf Board as well as the removal of the alleged “encroachment” in over Shri Krishna Janmbhoomi.
-This news has been reported by Akshit Gupta & Urvi Yadav
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