The Hindu Sena on Saturday filed a caveat petition in the Supreme Court in the Shri Krishna Janmabhoomi case, seeking directions to the Allahabad High Court to hear the Hindu side before passing any judgment on the matter.
Filed by Vishnu Gupta, National President of Hindu Sena, the caveat appealed to the top court of the country to direct the High Court not to pass any order in the matter without giving prior notice to the petitioner.
It claimed that Bhagwan Bal Shri Krishna through Vishnu Gupta was a respondent in the concerned matter before the High Court of Judicature at Allahabad and that the High Court should not pass any order before hearing the Hindu side.
Earlier on May 26, 2023, the Single-Judge Bench of Justice Arvind Kumar Mishra of Allahabad High Court had permitted the plea moved by Hindu side seeking transfer of the suit in the Krishna Janmabhoomi-Shahi Idgah Masjid dispute, from the trial court to the High Court.
On February 1, Justice Nalin Kumar Srivastava of Allahabad High Court had opined that the matter required consideration and issued notices to the opposite parties.
The suit in the civil court asks for the removal of the Mathura Shahi Idgah Masjid stating that it was built over Krishna Janmabhoomi land.
The petitioners moved the High Court seeking transfer of the trial to the High Court on the ground that the issues in the case concern crores of Lord Krishna’s devotees and the matter is of national importance.
The petitioners submitted that the case includes important questions of law and several issues relating to the interpretation of the Constitution.
The plea highlights that following the initial suit being filed before the Court of Civil Judge Senior Division at Mathura, a number of suits were filed copying the initial plea’s contents verbatim. It was their contention that all these suits were of similar nature and the subject matter as well as relief sought in these cases was similar.
A civil court had dismissed the suit on September 30, 2020 citing the bar on admitting the case under the Places of Worship (Special Provisions) Act, 1991. However, this decision was appealed before the Mathura District Court.
The appellants said that they have a right to move the suit in view of their fundamental religious rights under Article 25 of the Constitution of India.
In May 2022, the Mathura Court held that the suit was maintainable and overturned the civil court order dismissing the suit.
(Case title: UP Sunni Central Waqf Board vs Bhagwan Shrikrishna Virajman & Ors)
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