Friday, June 2, 2023

Allahabad High Court orders transfer of suit from civil court to High Court in Krishna Janmabhoomi – Shahi Idgah Masjid case

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The Allahabad High Court has permitted the plea moved by Hindu side for asking transfer of the suit in the Krishna Janmabhoomi- Shahi Idgah Masjid dispute, from the trial court to the High Court.

The order was passed by the Bench of Justice Arvind Kumar Mishra today.

Justice Nalin Kumar Srivastava, had in his February 1 order opined that the matter required consideration and thereby issued notices to the opposite parties.

The suit in the civil court asks for the removal of the Mathura Shahi Idgah Masjid stating that it was built over Krishna Janmabhoomi land.

The petitioners moved the High Court seeking transfer of the trial to the High Court on the ground that the issues in the case concerns crores of Lord Krishna’s devotees and the matter is of national importance.

The petitioners submitted that the case includes important questions of law and several issues relating to the interpretation of the Constitution.

The plea highlights that following the initial suit being filed before the Court of Civil Judge Senior Division at Mathura, a number of suits were filed copying the initial plea’s contents verbatim. It was their contention that all these suits were of similar nature and the subject matter as well as relief sought in these cases was similar. 

A civil court had dismissed the suit on September 30, 2020 citing the bar on admitting the case under the Places of Worship (Special Provisions) Act, 1991. However, this decision was appealed before the Mathura District Court.

The appellants said that they have a right to move the suit in view of their fundamental religious rights under Article 25 of the Constitution of India.

In May2022, the Mathura Court held that the suit was maintainable and overturned the civil court order dismissing the suit.

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