Prayagraj: The Allahabad high court on Tuesday gave one last chance to the respondents (opposite parties) to file their respective replies (counter affidavits) by April 7 in response to a petition seeking transfer of Sri Krishna Janmabhoomi case from a Mathura court to the high court.
In this case, Hindu devotees have claimed right over the land on which Masjid Idgah is built. The petitioners have requested that the original trial must be conducted by the high court itself.
The court has fixed April 11 as the next date of hearing in the case while directing the respondents — the committee managing the Shahi Masjid Idgah next to Krishna Janmabhoomi temple, Shree Krishna Janmabhoomi Trust, Katra Keshav Dev, Deeg Gate, Mathura and Shreekrishna Janm Sthan Sewa Sansthan, Katra Keshav Dev, Deeg Gate, Mathura — to file their respective replies by April 7 through e-mode of high court. The court also directed the petitioners to file their rejoinder affidavits after receipt of counter affidavit through e-mode.
Hearing a transfer petition filed by Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat Mathura (deity) through next friend Ranjana Agnihotri and seven others, Justice Arivind Kumar Mishra-1 observed, “Considering the facts and circumstances of the case, particularly the interest of justice, no more time but last chance is given by 7th of April, 2023. Let counter affidavit through e-mode be filed in this case and copies whereof be supplied to the parties prior to such filing. In case no copy of the counter affidavit is served upon the parties concerned, this court will proceed further with the case on the next date fixed.”
Earlier, on March 15, this court had given the last chance to all the respondents in this case to file their respective replies. On Tuesday, when the case was taken up, the court found that no response has been submitted till now.
However, the court accepted the request of the respondents for further time, observing, “It is clarified that filing of counter affidavit and rejoinder affidavit, as directed, would be done through e-mode of this high court and no latitude should be shown by either of the sides.”
The applicants had filed civil suit before civil judge (senior division) for declaration and injunction claiming right of Hindu community over the Masjid Idgah while stating it was constructed after demolishing Hindu temples and such construction cannot be a mosque as no waqf was ever created and the land was never dedicated for construction of mosque.
Earlier, at one stage, the petitioners’ counsels had argued that the issues involved in the matter concern crores of devotees of Lord Krishna and the matter is of national importance. The substantial questions of law and several questions relating to the interpretation of the Constitution which are involved in the suits aforesaid can be conveniently decided by the high court being the constitutional court. Besides, the petitioners’ counsel had taken the plea that the case involves questions relating to history, the scriptures, interpretation of Hindu and Muslim law and also several questions relating to the interpretation of the Constitution. Therefore, all the suits pending before the court below may be transferred to high court, added the petitioners’ counsel.
In this case, Hindu devotees have claimed right over the land on which Masjid Idgah is built. The petitioners have requested that the original trial must be conducted by the high court itself.
The court has fixed April 11 as the next date of hearing in the case while directing the respondents — the committee managing the Shahi Masjid Idgah next to Krishna Janmabhoomi temple, Shree Krishna Janmabhoomi Trust, Katra Keshav Dev, Deeg Gate, Mathura and Shreekrishna Janm Sthan Sewa Sansthan, Katra Keshav Dev, Deeg Gate, Mathura — to file their respective replies by April 7 through e-mode of high court. The court also directed the petitioners to file their rejoinder affidavits after receipt of counter affidavit through e-mode.
Hearing a transfer petition filed by Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat Mathura (deity) through next friend Ranjana Agnihotri and seven others, Justice Arivind Kumar Mishra-1 observed, “Considering the facts and circumstances of the case, particularly the interest of justice, no more time but last chance is given by 7th of April, 2023. Let counter affidavit through e-mode be filed in this case and copies whereof be supplied to the parties prior to such filing. In case no copy of the counter affidavit is served upon the parties concerned, this court will proceed further with the case on the next date fixed.”
Earlier, on March 15, this court had given the last chance to all the respondents in this case to file their respective replies. On Tuesday, when the case was taken up, the court found that no response has been submitted till now.
However, the court accepted the request of the respondents for further time, observing, “It is clarified that filing of counter affidavit and rejoinder affidavit, as directed, would be done through e-mode of this high court and no latitude should be shown by either of the sides.”
The applicants had filed civil suit before civil judge (senior division) for declaration and injunction claiming right of Hindu community over the Masjid Idgah while stating it was constructed after demolishing Hindu temples and such construction cannot be a mosque as no waqf was ever created and the land was never dedicated for construction of mosque.
Earlier, at one stage, the petitioners’ counsels had argued that the issues involved in the matter concern crores of devotees of Lord Krishna and the matter is of national importance. The substantial questions of law and several questions relating to the interpretation of the Constitution which are involved in the suits aforesaid can be conveniently decided by the high court being the constitutional court. Besides, the petitioners’ counsel had taken the plea that the case involves questions relating to history, the scriptures, interpretation of Hindu and Muslim law and also several questions relating to the interpretation of the Constitution. Therefore, all the suits pending before the court below may be transferred to high court, added the petitioners’ counsel.