On Monday, the petitioner on behalf of Lord Shri Krishna Virajman will appeal in District Court against the decision of the Mathura Civil Court which refused to admit a suit to remove an Idgah "constructed on Krishna Janmabhoomi".
The petitioner will file the suit in the district judge's court at around 10 am & it will be heard around 2:00 pm today.
The suit seeks a reclamation of a 13.37-acre land as "every inch of the land of Katra Keshav Dev (Krishna Janmabhoomi) is sacred for the devotees of Lord Shree Krishna and Hindu community."
The suit will be filed on behalf of deity Shree Krishna Virajman, along with devotees, to ensure that "darshan, pooja, rituals according to Vedic Sanatan Dharma, faith, belief, usages, traditions & customs guaranteed under Article 25 of the Constitution of India are performed at the actual birthplace or on 13.37 acre."
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On Sept 30, a Mathura civil court had refused to admit a suit to remove an Idgah "built on Krishna Janmabhoomi".
The Court of the Civil Judge had dismissed the suit, filed by Lawyer Vishnu Jain, citing a bar under the Places of Worship (Special Provisions) Act, 1991. The Act had only exempted the litigation on the ownership of the disputed Ram Janmabhoomi-Babri Masjid land in Ayodhya but barred the courts from entertaining litigation that would alter the status quo of a religious place as existed on Aug 15, 1947.
The suit blamed Mughal ruler Aurangazeb for demolishing a Krishna temple, built at the "birthplace of Lord Shree Krishna at Katra Keshav Dev, Mathura, in the year 1669-70 AD" & raising the "Idgah Mosque" in its place.
The suit sought the removal of encroachment & the superstructure, now maintained by the Committee of Management of Trust Masjid Idgah with the consent of the Sunni central board.
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The suit was filed against the UP Sunni Central Waqf Board & the Committee of Management Trust Masjid Idgah as it granted approval to the later to enter into an "illegal" compromise with Shree Krishna Janmasthan Seva Sangh on Oct 12, 1968. It was illegal & void for the reason that the society had no right over the property involved in Civil Suit No. 43 of 1967, decided by Civil Judge, Mathura, it said, adding that the 1968 deed was not binding.
The Places of Worship (Special Provisions) Act declares that the religious character of a place of worship shall continue to be the same as it was on Aug 15, 1947. The Act also declared that all suits, appeals, or any other proceedings regarding converting the character of a place of worship, which were pending before any court or authority on Aug 15, 1947, would abate as soon as the law came into force.
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