Krishna Janmabhoomi case: Allahabad HC gives last chance to respondents to file reply

The Allahabad high court on Tuesday gave last chance to the respondents (opposite parties) to file their replies (counter affidavits) by April 7 through e-mode in response to a petition seeking transfer of Sri Krishna Janmabhoomi case, in which Hindu devotees have claimed right over land on which Shahi Idgah Masjid is built, from a Mathura court to the high court.

The petitioners have requested that the original trial must be conducted by the high court. The court has fixed April 11 as the next date of hearing in the case. The committee managing the Shahi Idgah Masjid next to Krishna Janmabhoomi temple, Shree Krishna Janmabhoomi Trust, Katra Keshav Dev, Deeg Gate, Mathura and Shri Krishna Janam Sthan Sewa Sansthan, Katra Keshav Dev, Deeg Gate, Mathura are the respondents in the case.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 Shri Krishna Virajman at Katra Keshav Dev Khewat Mathura (deity) through next friend Ranjana Agnihotri and seven others, Justice Arvind 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, the court had given last chance to all the respondents in this case to file their respective replies. When the case was taken up on Tuesday, the court found that no response had 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 a civil suit before the 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 could not be a mosque as no waqf was ever created and the land was never dedicated for construction of mosque.

Earlier, the petitioners’ counsel had argued that the issues involved in the matter concerned crores of devotees of Lord Krishna and that the matter was of national importance. Besides, the petitioners’ counsel had taken the plea that the case involved questions relating to history, the scriptures, interpretation of Hindu and Muslim laws and also several questions relating to the interpretation of the Constitution of India. Therefore, all the suits pending before the court below may be transferred to high court, the petitioners’ counsel said.