Krishna Janmabhoomi - Shahi Idgah Masjid case: Allahabad High Court agrees to hear plea seeking transfer of suit to High Court

The Allahabad High Court on Thursday agreed to hear a plea seeking transfer of the suit relating to Krishna Janmabhoomi- Shahi Idgah Masjid dispute, from the trial court to the High Court [Bhagwan Shrikrishna Virajman And 7 Others v UP Sunni Central Waqf Board].

Justice Nalin Kumar Srivastava opined that the matter requires consideration and issued notices to the opposite parties on a transfer plea filed by the Hindu parties.

“Issue notice to Opposite party no. 2, 3 and 4 returnable on or before 28.02.2023,” said the order. 

The suit before the civil court seeks removal of the Mathura Shahi Idgah Masjid on the ground 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. It was also submitted that the case includes substantial questions of law and several issues relating to the interpretation of the Constitution.

Further, the petitioners highlighted that following the initial suit being filed in 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. 

In the alternative, it was prayed that all the cases be transferred to the Mathura District Judge with the aim to avoid the possibility of multiple verdicts on similar issues. 

On the other hand, the Waqf Board opposed a transfer to the High Court on the ground that the petition was not maintainable arguing that an application should have been moved before the Chief Justice of the High Court instead. 

Further, they said that the applicants alone could not file a transfer application on behalf of parties in the other cases who should also be heard before the matter is decided. 

The Court opined that the issue requires further consideration and agreed to hear it further on March 2, while issuing notice. 

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 asserted that as devotees of Lord Krishna, they have a right to move the suit in view of their fundamental religious rights under Article 25 of the Constitution of India.

The Mathura Court in May last year held that the appeal was maintainable.

Advocates Vishnu Shankar Jain, Pradeep Kumar Sharma and Prabhash Pandey appeared for the applicants.

The opposite party was represented by advocate Punit Kumar Gupta.

[Read Order]