By PTI
MATHURA (UTTAR PRADESH): A Mathura court hearing a plea for shifting the Shahi Idgah mosque from near the Lord Krishna’s Katra Keshav Dev temple here, has imposed a fine of Rs 250 on its petitioners for seeking an adjournment of the proceeding.
Civil Judge (Senior Division) Jyoti Singh imposed the fine on Friday, ADGC Civil Sanjai Gaur said on Saturday. The judge imposed the fine as petitioners’ counsel Mahendra Pratap Singh sought a deferment on hearing of arguments on the maintainability of the plea.
Singh, who has moved the court on behalf of the deity as its “next friend” for removal of the mosque, had first sought adjudication of his five applications related to the suit for the removal of the mosque.
Besides advocate Singh, who has filed the plea, also claiming to be a descendant of “Brijwasi” Lord Krishna, there are four other petitioners, including the deity, Virajman Thakur Keshav Dev Ji Maharaj Katra Keshav Dev.
The three other petitioners are advocate Rajendra Maheshwari of Jagannathpuri, Mathura, the United Hindu Front founder Jay Bhagwan Goyal, a Delhi resident and Vrindavan’s Dharm Raksha Sangh president Saurabh Gaur.
A deity is considered to be a juristic person with all the rights of a normal individual, including the right to sue and be sued, and a deity is represented in court by what is known as its “next friend”. Explaining the implication of the court ruling, advocate Mahendra Pratap Singh said the fine may not be deemed to be imposed on the deity but only other petitioners, including himself.
He, however, pointed out that in accordance with various Supreme Court rulings, just as various deities are entitled to acquire properties, they are liable to pay taxes as well. The joint plea was filed against the secretary of the Shahi Idgah Masjid’s ‘intezamia’ (management) committee, the president of the UP Sunni Central Waqf Board and the secretary of the Srikrishna Janmasthan Seva Sansthan.
It has been claimed in the suit that the Shahi Idgah Masjid has been built on a part of the 13.37-acre land of the Katra Keshav Dev temple. As the proceeding began on Friday, advocate Tanveer Ahmad, appearing for the mosque’s management committee, sought the court to begin hearing on the maintainability of the suit.
Advocate Singh, however, sought deferment of arguments on the maintainability, contending that the court should first decide his eight other applications related to the suit. On a written request by Singh for the adjournment, the court did defer the hearing to April 19 but imposed a fine of Rs 250 on the petitioners.
