Mathura Court refuses to admit suit to remove Idgah on Krishna Janmabhoomi

Mathura (Uttar Pradesh) [India], September 30 : On a day a special CBI court acquitted all the accused in Babri Masjid demolition case, a Mathura civil court refused to admit a suit to remove an Idgah "built on Krishna Janmabhoomi", on Wednesday.
The court of civil judge dismissed the suit, filed by advocate Vishnu Jain last week, citing a bar under the Places of Worship (Special Provisions) Act, 1991. The Act had only exempted the litigation on the ownership of the disputed Ram Janmabhoomi-Babri Masjid land in Ayodhya, but barred the courts from entertaining litigation that would alter the status quo of a religious place as existed on August 15, 1947.
The Mathura suit sought reclamation of a 13.37-acre land as "every inch of the land of Katra Keshav Dev (Krishna Janmabhoomi) is sacred for the devotees of Lord Shree Krishna and Hindu community."
It has blamed Mughal ruler Aurangazeb for demolishing a Krishna temple, built at the "birthplace of Lord Shree Krishna at Katra Keshav Dev, Mathura, in the year 1669-70 AD" and raising the "Idgah Mosque" in its place.
"It is a matter of fact and history that Aurangzeb ruled over the country from 1658-1707 AD and he, being a staunch follower of Islam, had issued orders for demolition of a large number of Hindu religious places and temples, including the temple standing at the birthplace of Lord Shree Krishna at Katra Keshav Dev, Mathura, in the year 1669-70 AD. The army of Aurangzeb partly succeeded to demolish Keshav Dev Temple," the suit stated.
The suit sought the removal of encroachment and the superstructure, now maintained by the Committee of Management of Trust Masjid Idgah with the consent of Sunni central board.
The suit was filed against the UP Sunni Central Waqf Board and the Committee of Management Trust Masjid Idgah as it granted approval to the later to enter into an "illegal" compromise with Shree Krishna Janmasthan Seva Sangh on October 12, 1968. It was illegal and void for the reason that the society had no right over the property involved in Civil Suit No. 43 of 1967, decided by Civil Judge, Mathura, it said, adding that the 1968 deed was not binding.
It added that the Management of Trust Masjid Idgah and the Shree Krishna Janamasthan Seva Sangh have played "fraud upon the Court, the plaintiff deities and devotees" with a view to capture and grab the property in question.
It sought that after removal of the encroachment, the vacant land be handed over to Shree Krishna Janmbhoomi Trust.
The suit has been filed on behalf of deity Shree Krishna Virajman, along with devotees, to ensure that "darshan, pooja, rituals according to Vedic Sanatan Dharma, faith, belief, usages, traditions and customs guaranteed under Article 25 of the Constitution of India are performed at the actual birthplace or on 13.37 acre."
"The plaintiffs have right under Article 26 of the Constitution of India to regain, hold and manage the property belonging to, owned and possessed by deity Lord Shree Krishna Virajmaan, measuring 13.37 acre situated within the area of the temple complex in Katra Keshav Dev, City and District Mathura", the suit submitted.
The Places of Worship (Special Provisions) Act declares that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947. The Act also declared that all suits, appeals, or any other proceedings regarding converting the character of a place of worship, which were pending before any court or authority on August 15, 1947, would abate as soon as the law came into force.