India’s Allahabad High Court Orders Making Decision on Mosques’ Survey within 3 Months
Justice VC Dixit passed the order while disposing of the petition filed by Bhagwan Shri Krishna Virajman (the personification of Lord Krishna) and three others. Appearing for the petitioners, senior advocate Adish Aggarwala and advocate Shashank Singh said that on April 14, 2021, the petitioners filed an application before the court of the civil judge (senior division), Mathura, seeking scientific investigation of Shahi Eidgah and Jahanara Mosque, but that the court was yet to respond. “Thus, being aggrieved by the same the petitioners had now approached the high court by filing the present petition,” said the petitioners’ counsel.
The petition was filed in September 2020, seeking the removal of Shahi Eidgah mosque and the handing over of land measuring 13.37 acres back to Sri Krishna Janmabhoomi Trust. An applications moved in May seek the appointment of an advocate commissioner for survey, photography and videography within the Shahi Eidgah mosque, the sealing of the mosque premises, enhancement of security, and “purification” of the mosque premises (claimed as the original birth place of Lord Krishna). Indeed, many of the petitions claim that the actual birthplace of Lord Krishna (Garbh Grah) is within the walls of the present-day structure of Shahi Eidgah, and there are marks and symbols, proving that it was a Hindu temple in the past.
But the Muslim side, represented by the management committee of Shahi Eidgah mosque, challenged the maintainability of the ongoing case and filed an application under Order 7 Rule 10 of the Civil Procedure Code.
On July 11, no hearing could take place in the case because of the bar association’s condolence meeting in wake of the recent killing of Japan’s former prime minister Shinzo Abe.
On June 2, Mahendra Pratap Singh, a lawyer in Mathura, sent notices to ASI and Centre, seeking that the idols of Lord Krishna removed from a temple in Mathura by Mughal emperor Aurangzeb and buried under the stairs of Jahanara’s Mosque, popularly known as Jama Masjid in Agra, then capital of the Mughal empire in the 16th Century, be dug out.
The notice, which must be served at least two months before the filing of a lawsuit, has been served under section 80 of Civil Procedure Code as required before proceeding against the Union of India or any state or against government department or public servant.
Meanwhile, one of petitioners in case filed in the court of civil judge (senior division) Mathura, advocate Shailendra Singh applauded the high court’s order.
“We will be filing the certified copy of the order at earliest in Mathura court,” said Singh, a Lucknow-based lawyer who filed the case before the civil judge (senior division) Mathura.
“The next date fixed in the case at Mathura court is next month. We will file an application for earlier date in light of the order by the Allahabad high court so that disposal of the applications can take place within three months,” Singh added.
Source: hindustantimes.com
