Mathura Court dismisses petition seeking eviction of Idgah Masjid

Mathura (Uttar Pradesh): A civil court here on Wednesday refused to admit a petition that sought to evict the Idgah Masjid on the allegation that it was built over the birthplace of Lord Krishna.

The petition was dismissed by the court citing the Places of Worship (Special Provisions) Act, 1991.

The petition to vacate the Idgah Masjid was filed in the name of Bhagvan Srikrishna Virjman and six devotees.  It sought to ensure that rituals according to Vedic Sanatan Dharma, faith, belief, usages, traditions and customs guaranteed under Article 25 of the Constitution of India are performed at the actual birth place of the deity.

The Places of Worship Act, enacted in the wake of Ram Janmabhoomi movement, bars the courts from admitting pleas seeking the conversion of the character of religious places as it stood on the date of Indian Independence.

Recently, the Supreme Court has been moved by Vishwa Bhadra Pujari Purohit Mahasangh and others, seeking the striking down section 4 of the Act.

Section 4(1) of the Act states: "It is hereby declared that the religious character of a place of worship existing on the 15th day of August 1947 shall continue to be the same as it existed on that day."

Section 4(2) provides:

"If on the commencement of this Act, any suit, appeal or other proceeding with respect to the conversion of the religious character of any of worship, existing on the 15th day of August, 1947, is pending before any court, tribunal or other authority, the same shall abate, and no suit, appeal or other proceeding with respect to any such matter shall lie on or after such commencement in any court, tribunal or other authority."

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