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Krishna Janmabhoomi case: Muslim side moves SC against Allahabad HC upholding Hindu plaintiffs' plea

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In Mathura 's Krishna Janmabhoomi-Shahi Idgah dispute case, the Muslim case on Wednesday moved the Supreme Court against the Allahabad high court 's order upholding the maintainability of the Hindu side's plea in the matter.

Last month, the Allahabad high court dismissed the application of Muslim side challenging maintainability of suits seeking restoration of Lord Krishna temple at the place where Shahid Eidgah Masjid exists.

Justice Mayank Kumar Jain said that suits of Hindu plaintiffs are not barred by any law including Places of Worship Act , which bars conversion of a religious place as existed on August 15,1947.

The Muslim side had moved applications under order 7 Rule 11 of CPC moved by Muslim side regarding maintainability of suits.

The Muslim side aruged before the court that the title suit was not maintainable as the same was barred by the provisions of Waqf Act as well as the Places of Worship Act 1991, which prohibited conversion of any place of worship and to provide for maintenance of religious character of any place of worship as it existed on August 15, 1947.

The suits have been filed for possession after removal of structure of Shahi Eigah masjid as well as for restoration of temple and for permanent injunction.

The controversy is related to Mughal emperor Aurangazeb-era Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.

Earlier this year, in response to an RTI query, Archaeological Survey of India (ASI) had disclosed information based on historical records of a 1920 gazette about Mathura’s Krishna Janmabhoomi temple complex.

Attaching an excerpt from the Nov 1920 gazette, the ASI stated in its response: “Portions of Katra mound which are not in the possession of nazul tenants on which formerly stood a temple of Keshavdev which was dismantled and the site utilised for the mosque of Aurangzeb...".

The RTI was filed by Ajay Pratap Singh, a resident of Mainpuri in UP, and the reply came from the office of superintending archaeologist of ASI, Agra circle. Singh had sought specific information about "dismantling" of Keshavdev temple — claimed to be part of Krishna Janmabhoomi temple complex.

The RTI reply, while not specifically mentioning the words "Krishna Janmabhoomi," confirmed the demolition of the former temple of Keshavdev at the disputed site by the Mughal emperor.
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