Krishna Janmabhumi Dispute: Citing SC's Embargo, Allahabad HC Refuses Relief On Hindu Plaintiffs' Plea For Worship At Krishna Koop

In the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the Allahabad High Court last week refused to pass any order (for now) on an application filed by the Hindu worshippers seeking permission to perform worship at a well, Shri Krishna Koop, located near the staircase at the Shahi Idgah mosque. A bench of Justice Ram Manohar Narayan Mishra deferred the hearing on the applications in view of the Supreme Court's Dec 12 interim order restraining courts from passing any effective interim or final orders, including orders for a survey in suits concerned with the Places of Worship Act. “The judicial propriety demand unless some further order is passed by Hon'ble Apex Court in the matter which lifts the embargo imposed in the said order, it would not be in fitness of things to pass any effective order on said applications at this juncture and the hearing on these application is deferred at this stage until some further order is passed by Hon'ble Apex Court,” the single judge noted in its order while deferring the hearing on the applications. Here, it may be noted that the Top Court had passed the order in question last month while hearing a batch of petitions questioning the constitutional validity of the Places Of Worship Act 1991, which prohibits the conversion of the religious character of places of worship from their status as of August 15, 1947. For context, an application has been filed in OSUT No. 04 of 2023 by Ashutosh Pandey (appearing in person) to permit the applicant to perform the traditional Pooja (worship) of Shri Krishan Koop and Parikrama of Shri Krishan Janambhoomi complex on the day of Ekadashi. It is his case before the High Court that the women who observe Sanatan Dharm have been worshipping at Shri Krishna Koop on Sheetla Saptami and Ashtami in the traditional manner in the security of heavy police contingent, and they also perform parikrama of Shri Krishan Janambhoomi complex on the day of Ekadashi. Similarly, in OSUT No. 13 also, an application has been filed on behalf of the plaintiff (Thakur Keshav Dev Ji Maharaj) claiming that the said Koop is being worshipped by Hindu men and women on the occasions of Hindu festivals. In the application, it has been averred that the festival of Basauda (Sheetla Mata) is performed on a large scale and that Hindus have the right to worship on the aforesaid occasions. However, some members of the Muslim community are now raising objections to Hindu worship. Thus, this application prayed that the respondent authorities might be directed not to interfere with men and women belonging to the Hindu community to perform worship over Krishna Koop. On the other hand, the counsels appearing on behalf of defendant no. 1 and 2 strongly opposed any permission for performing Pooja on Krishna Koop at any place within the disputed property as any order passed permitting Pooja as prayed for in these two applications. After considering submissions of counsels for parties appearing for both sides, the single judge opined that no order was desirable from the Court to allow or permit the Pooja/worship as prayed for, as the single judge noted that same may amount to in conflict with the order passed by the Supreme Court on December 12, 2024. With this, the bench has now posted the matter for a further hearing on January 27.

Krishna Janmabhumi Dispute: Citing SC's Embargo, Allahabad HC Refuses Relief On Hindu Plaintiffs' Plea For Worship At Krishna Koop

Sparsh Upadhyay

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