Allahabad High Court stays proceeding in Mathura court on Shahi Idgah case

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Shahi Idgah, adjacent to the Shri Krishna temple complex in Mathura.

By Abdul Bari Masoud

New Delhi: In a major relief to the Uttar Pradesh Sunni Central Waqf Board, the Allahabad High Court on Wednesday stayed proceedings pending before the Mathura district court in a suit filed by the Shri Krishna Janmabhoomi Trust and other private parties seeking to remove the Shahi Idgah Masjid as they alleged that it was built on the land of Shrikrishna Janam Bhoomi in Mathura.

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The order was passed by the bench of Justice Salil Kumar Rai while hearing a petition filed challenging the judgment and order dated May 19, 2022, passed by the District Judge, Mathura wherein the Court had held that the suit to remove the Shahi Idgah Masjid.

It should be mentioned that the Mathura Court allowed the Shri Krishna Janmabhoomi Trust and other private parties’ revision request in Civil Revision No. 02 of 2021, overturning the civil court’s decision to dismiss their lawsuit in September 2020.

It is to recall that a trial court in Mathura ruled that the suit cannot be filed against someone claiming to be a devotee of Krishna. The trial court dismissed the plaintiff at the initial stage. The District Judge allowed the revision of Hindu parties and held that the suit can be filed. The Allahabad High Court stayed that order of the District magistrate today.

“— further proceedings before the trial court in Misc. Case No. 176 of 2020 in pursuance to the order dated 19.5.2022 passed by the District Judge, Mathura shall remain stay,” says the order.

It is with regard to the first suit filed by Hindu parties, although 7 other suits are pending.

Expressing satisfaction over the High Court judgment, a source in the UP Sunni Waqf Board lamented that “it is unfortunate that no one from the prominent Muslim organisations is assisting us in these situations. It appears that these organisations only become involved when the situation has become much politicized.

Speaking with Muslim Mirror, the source claimed that All India Muslim Personal Law Board and Jamiat Ulema-i-Hindu were at the forefront of the Babri Masjid case but chose to maintain a mysterious quiet. The Places of Worship Act 1919, which specifies that the status quo will be maintained as of 15 August 1947, is disregarded by the courts as Hindutva elements file one litigation after another while the courts grant these admissions.

Both the organisations were not happy with the UP board on Babri Masjid issue, if they had supported the Board on the Babri issue, the Gyanvapi and Mathura would have been settled at that time and this situation would not have been raised, the source added.

copy og the order

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