Plea in Allahabad HC seeks direction to Centre to give Mathura’s Shahi Masjid Mosque to Hindus, challenges Places of Worship Act

A public interest litigation (PIL) has been filed in the Allahabad High Court seeking a direction from the Court to handover Mathura's Shahi Masjid, which stands adjacent to the Sri Krishna Temple, to Hindus. The plea by advocate Mehek Maheshwari has also challenged the Constitutional validity of Sections 2,3, 4 of the Places of Worship Act, 1991..The petition states that Mathura's Shahi Masjid is built at Krishna Janmasthan which is the birthplace of Lord Sri Krishna and housed a temple known as Katra Keshavdev temple. It has been contended that the temple was demolished in the 16th century by Mughal emperor Aurangazeb who then built a mosque in its place..Apart from praying for a direction to have the mosque handed over to Hindus and declaring the key provisions of the 1991 Act as unconstitutional, the plea seeks an interim relief - permission for Hindus to worship at the Masjid on certain days in a week and on Janmashtami days till the disposal of the petition.Appeal filed challenging Mathura Court's dismissal of suit to remove Shahi Idgah Masjid on claim that it was built over Krishna Janmabhoomi.The petition traces the history of the disputed site after the end of Mughal rule. As per the plea, the East India Company conquered the region and the disputed site came under the company in 1803. The land was put for auction sale in 1815 and was purchased by Raja Patni Mal of Banaras and he became the owner of the land. Numerous cases were filed thereafter by Muslims claiming ownership of the land but they were dismissed..In 1944, Rai Kishan Das and Rai Anand Das, the heirs of Raja Patni Mal, executed a sale deed on consideration of Rs.13,400 (paid by Jugal Kishore Birla) and the ownership and possession of 13.37 Acres land of Katra Keshav Dev was transferred in favour of Mahamana Madan Mohan Malviya, Goswami Ganesh Dutt and Bhikhen Lalji Aattrey..Thereafter, Jugal Kishore Birla created a Trust in the name of ̳Shree Krishna Janmbhoomi Trust‘ and dedicated the entire land of Katra Keshav Dev measuring 13.37 (Thirteen Point Thirty Seven) Acres to the deity Lord Shree Krishna Virajman..Subsequently, a compromise was entered into between the trust and Muslims based on which two acres of land was given to the Shahi Masjid.."Even the temple platform (Chabutara) was used as it is to erect Mosque. That once there was digging of the courtyard of the Shahi Idgah Mosque on August some few years back in which the workers reported existence of carved pillars & Antiquities below the mosque,"reads the plea.Hindu deity Shri Krishna moves Mathura court to reclaim lost site at Mathura, says Aurangzeb demolished Katra Keshav Dev in 1669-70.The petition has gone on to substantiate how Mosque is not an essential part of Islam but that for Hindus even if a site of worship is in ruins, it would still be important for their purpose of praying. ."Government's official website of Mathura District it is stated that Shahi idgah mosque is built after demolition of Krishna Janmabhoomi by Aurangzeb. Krishna janmabhoomi on Krishna janmasthan has an overriding claim over than any mosque. This is the fundamental truth in the Krishna janmabhoomi dispute," claims the plea. .The petition further challenges Section 2, 3 and 4 of the Places of Worship Act, 1991 (Act), which prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947. .This law was introduced in view of the Ram Janmabhoomi movement and exempted the disputed site at Ayodhya from its ambit. The law applies to all other places of worship and is intended to prevent disputes like Ayodhya case in the future. .Section 3 of the Act prohibits any person from converting any place of any religious worship or any section thereof into a place of worship of a different section of the same religious denomination or of a different religious denomination or any section of that denomination..Section 4(1) lays down that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day.Section 4(2) of the Act provides that a suit, appeal or other proceeding pertaining to the religious character of any place of worship pending before any Court, tribunal or other authority shall abate on the commencement of the Act..The petitioner has argued that the provisions "are violative of Articles 14, 25 & 26 of Constitution of India as these provisions are arbitrary, denies justice.".Those provisions invariably and indiscriminately bans all kinds of conversions whether by agreement or by legal settlement or a judicial decision."Therefore, the impugned provision interferes with the fundamental right of the persons enshrined under Article 25 of the Constitution of India," says the plea.."The sections violate the doctrine of Hindu law that Temple property is never lost even if enjoyed by strangers for years and even the king cannot take away property as deity is embodiment of God and is juristic person, represents the Infinite- the timeless‘ and cannot be confined by the boundaries of time,"the petition states..A civil suit filed on behalf of child deity, Bhagwan Shri Krishna Virajman seeking removal of the Shahi Idgah Masjidis is also pending before a court in Uttar Pradesh. This suit, filed through next friend of the child deity, one Ranjana Agnihotri an advocate and a resident of Lucknow in Uttar Pradesh was first dismissed by Civil Judge, Mathura in September. Appeal against the same was, however, admitted by the District Judge on October 16.