Mathura’s Shri Krishna Janmabhoomi-Shahi Idgah Masjid dispute: Allahabad HC upholds maintainability of suits
The HinduOpining that the Places of Worship Act does not define ‘religious character’ and to attract provision of this Act, the religious character of a place of worship must be determined, the Allahabad High Court on Thursday dismissed the plea filed by the Mathura-based Shahi Eidgah mosque committee challenging maintainability of 18 lawsuits initiated by Hindu devotees and deity seeking removal of the mosque from the 13.37-acre complex which it shares with the Katra Keshav Dev temple. Rejecting the Muslim side’s plea of Order 7 Rule 11 in which Hindus’ lawsuits were challenged citing the Places of Worship Act 1991, Limitation Act 1963, and Specific Relief Act 1963, a Bench of Justice Mayank Kumar Jain said all 18 suits filed in the matter in past couple of decades were maintainable and hence paving a way for the trial. Considering the notification issued by the Lieutenant Governor, United Province, Agra and Oudh, in November 1920 declaring the place of the temple at Katra Keshav as a ‘protected monument’, the court further stated that the said notification records that the temple of Keshav Dev existed there and was dismantled to be utilised as a mosque of Aurangzeb. “The arguments of learned senior counsel C. S. Vaidyanathan that ‘once a temple, always a temple’ is a judicially recognised principle of law and the arguments of learned counsel Satyaveer Singh that ‘resolution always stays alive’ are also indicative of the religious character of the property as temple,” the court noted.