Shri Krishna Janmbhoomi case: With the restoration of the Ram Janambhoomi complex, the Indian right has charged ahead with unwavering determination to reclaim our lost heritage. The next step forward has been identified and pursued with all guns blazing. Notably, the resolute stance taken by the Indian right to reclaim our lost heritage has received validation from none other than the Allahabad High Court!
Now, let’s analyse the observations of Allahabad HC over Shri Krishna Janmbhoomi case, and why the backers of Shri Krishna Janmbhoomi complex are going to have a fun ride this time.
Take a leap of faith and start anew
In a fascinating development, the Mathura civil court has been given the green light to commence the hearing of the Shri Krishna Janmbhoomi & Shahi Idgah land dispute case, as per the direction of the revered Allahabad High Court. The lower court has been instructed to decide on the suit that was filed before it in 2020, with the added caveat that it must remain impervious to any influence from the Mathura district judge’s earlier observations on the merits of the Shri Krishna Janmbhoomi case. Intriguingly, the High Court also dismissed the Waqf Board’s petition objecting to the same, thereby ensuring a fair and just hearing devoid of any untoward interference.
For those who have not yet been apprised of the situation, allow me to elucidate so that the matter is crystal clear.
So, it was in a tumultuous turn of events, a right-wing group led by the illustrious Vishnu Gupta filed a plea in the Mathura court in September 2020. The group’s fervent plea demanded nothing short of the removal of the Shahi Idgah mosque that shares a wall with Shri Krishna Janmabhoomi Mandir in Mathura.
Not only that, but the group also demanded the transfer of a staggering 13.37-acre land to the temple.
However, the hopes of the group were dashed as the Mathura lower court refused to entertain their plea, citing their non-residency in the district and thereby denying their right to file the plea. Alas, the Shri Krishna Janmbhoomi case was registered as a miscellaneous one!
“There are innumerable devotees and worshippers of Lord Sri Krishna all over the world, if in this way every devotee and worshipper is allowed to file a case, then the judicial and social system will collapse,” the lower court had said in its order.
Subsequently, the respondents, seeking justice and legal recourse, approached the Mathura district court to address the contentious matter at hand. On the momentous day of May 19, 2022, the court issued an order that sent shockwaves throughout the legal community.
The order unequivocally stated that the trial court had committed a grievous illegality and had perpetrated a manifest error. In light of these blatant transgressions, the district court went on to direct the trial court to hear both parties and pass appropriate orders in accordance with the well-reasoned and meticulously-crafted observations made by the district court in the revision petition.
Also read: NAWADCO: Smriti Irani has her eyes set on National Waqf Board
No room for Waqf Board
So why is this decision a setback for the Islamists?
Previously, U.P. Sunni Central Waqf Board in December last year had approached the High Court demanding the quashing of the order of the Mathura district judge, but the High Court refused to do so. However, the Single Bench of Justice Prakash Padia has said that both parties — U.P. Sunni Central Waqf Board and Sree Krishna Virajman along with 10 others — are free to raise their contentions before the trial court.
“Both the petitions are disposed of by remanding the matter back to the trial court with directions to adjudicate the civil suit no. 353 of 2022 after following due procedure as per law without being influenced by any observation or findings of the district judge vide impugned order dated 19.05.2022,” the court said.
The High Court also maintained that the district judge should not have made remarks on the contentious issues or merits involved in the suit.
Also read: High Court sought justice after its own land was snatched by Waqf Board
The road ahead
To be honest, the road to restoring our lost heritage may seem challenging but it is not insurmountable. With efforts underway to amend the Places of Worships Act and a passionate campaign to reclaim the original Kashi Vishwanath premises is a testament to powerful movement to reclaim our cultural identity and heritage.
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