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"कृष्णलला हम आयेंगे": Allahabad High Court delivers a historic verdict favoring Hindu devotees in the Krishna Janmabhoomi case, dismissing the Muslim side’s plea and affirming the legal standing of Hindu claims under key acts, marking a judicial milestone

The court pronounced that neither the Limitation Act nor the Places of Worship Act, among other laws, forbade lawsuits brought by the Hindu devotees or the deity.
 |  Satyaagrah  |  News
Krishna Janmabhoomi Case: Massive Relief for Hindu Side as Allahabad High Court Dismisses Muslim Side’s Plea on Maintainability
Krishna Janmabhoomi Case: Massive Relief for Hindu Side as Allahabad High Court Dismisses Muslim Side’s Plea on Maintainability

In a landmark ruling on August 1st, the Allahabad High Court delivered a significant judgment in the ongoing Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The court declared that the 18 lawsuits filed by Hindu parties were indeed maintainable. This decision is a critical development, undermining the position of the Muslim side, which had hoped to see these claims dismissed based on various legal grounds.

The disputes center around a 13.37-acre property in Mathura, which currently accommodates both the Katra Keshav Dev temple and the Shahi Idgah Mosque. The contention from the Hindu side has been to remove the mosque to assert the rights of the temple over the entire premises.

Representatives from the Muslim community argued that the lawsuits should be dismissed as non-maintainable under the umbrella of three specific acts: the Places of Worship Act, which seeks to maintain the religious status of places as they were in 1947; the Limitation Act, which imposes time limits for initiating legal disputes; and the Specific Relief Act, which outlines remedies available for civil cases.

Despite these arguments, the court concluded that the claims brought forward by both the deity represented and the Hindu devotees were not barred by these statutes. The ruling emphasized that each of the 18 suits would be evaluated on their individual merits, allowing the court proceedings to delve deeper into the historical and legal aspects of the case.

Justice Mayank Kumar Jain, who led the bench, had previously reserved the decision following deliberations that concluded on June 6th. This latest development marks a pivotal moment in the case, setting the stage for a detailed examination of each claim moving forward.

“Today Allahabad High Court has rejected the application of order 7 rule 11 filed by Shahi Eidgah Masjid and held that all these 18 suits are not barred by the Places of Worship Act. The next date of hearing is 12th August. The result is that the trials will proceed and the intention and the effort to nib in the trial on the issue of maintainability has been rejected. We will file the caveat before the Supreme Court and if the Shahi Eidgah Masjid approaches the SC, we will be present there,” Advocate Vishnu Shankar Jain informed.

In a significant development, the Allahabad High Court has dismissed an application from the Shahi Eidgah Masjid that sought to challenge the maintainability of 18 lawsuits concerning the Krishna Janmabhoomi site. The court's decision means that these lawsuits will proceed to trial, focusing on their merits rather than being prematurely dismissed on procedural grounds. Advocate Vishnu Shankar Jain, representing the Hindu side, announced plans to file a caveat in the Supreme Court, preparing for any potential appeals by the Shahi Eidgah Masjid.

Hindu Sena who is a party in the case welcomed the decision. “Today Allahabad High Court rejected the objections of the Muslim side in the Shri Krishna Janmabhoomi case. Now the hearing of the Janmabhoomi case will continue in Allahabad High Court. This is the victory of all Sanatanis and the victory of all Shri Krishna devotees living in the world today. Hindu Sena will file a caveat in the Supreme Court,” expressed Vishnu Gupta, the outfit’s national president.

The ruling was met with approval from the Hindu Sena, whose national president, Vishnu Gupta, hailed it as a victory for Sanatanis and devotees of Shri Krishna globally. He emphasized that the continuation of hearings in the Allahabad High Court is a pivotal moment for their cause, and the group is also preparing to safeguard their interests in the Supreme Court.

Many lawsuits have been filed demanding the “removal” of the Shahi Idgah mosque, which is next to the Krishna Janmabhoomi temple. The petitioners contend that the mosque, which dates back to the Aurangazeb era, was constructed following the destruction of a Krishna temple. The management committee of the mosque opposed these suits in its petition. The proceedings were deemed unenforceable under the Places of Worship Act, 1991, according to the Muslim side, which included the Uttar Pradesh Sunni Central Waqf Board and the mosque management committee.

The conflict is rooted in historical claims that the Shahi Idgah Mosque was built on the ruins of a Krishna temple during the reign of Aurangazeb. This has led to multiple legal challenges aimed at removing the mosque, which have been contested by the mosque's management and the Uttar Pradesh Sunni Central Waqf Board. They argue that the legal actions are barred by the Places of Worship Act of 1991, which protects the status quo of religious sites as of 1947.

The Muslim side alleged that the cases explicitly acknowledge that the mosque in question dates from 1669 to 1670.

The Muslim side’s representative, Taslima Aziz Ahmadi, had argued in court that the Waqf board’s provisions would be applicable and that the Waqf tribunal was the appropriate forum to hear the case. Concurrently, the Hindu plaintiff countered these claims by asserting that there is no official registration of land under the name Shah Idgah in government records, labeling it as illegal occupancy. They also highlighted a lack of transparency from the Muslim side, demanding that "the Waqf Board had to reveal the donor of the contested property if it was alleged to be Waqf."

A recurrent petition in the Hindu side’s litigation calls for the 'removal' of the Shahi Idgah mosque from the 13.37-acre property in Mathura that it shares with the Katra Keshav Dev temple, along with taking possession of the Shahi Idgah grounds. This litigation is part of an ongoing effort to resolve the property dispute that involves significant historical and religious dimensions.

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