Places of Worship Act won’t apply in Krishna Janmabhoomi case: court
The Hindu
Mathura district judge says a worshipper can file a suit as the next friend of a deity
In a significant development that could have far-reaching ramifications, the Mathura district judge, who allowed the civil revision plea of Shri Krishna Janmabhoomi Trust and other private parties, has observed in his order that the provisions of the Places of Worship (Special Provisions) Act 1991 were not applicable in the case because of Section 4(3) (b) of the 1991 Act.
The order also said a worshipper could file a suit as the next friend of a deity.
Responding to the order, the Vishwa Hindu Parishad (VHP) said it vindicated its stand on the Mathura and Kashi temples. The lawyers of the Shahi Idgah said the Supreme Court should make its stand clear on the 1991 Act, or else the lower courts would continue to interpret it arbitrarily.
The petitioners, Bhagwan Shri Krishna Virajman, Ashthan Shri Krishna Janmabhoomi moved through next friend Ranjana Agnihotri, had argued the agreement reached between Shri Krishna Janmasathan Sev Sansthan and Shahi Idgah Trust in 1968 was fraudulent and it resulted in a compromise decree in 1974. In the agreement, the Society had conceded the ‘valuable property’ of the deity/ Trust to the Shahi Idgah Trust without having the right to enter into a compromise, the petitioners said.
The lawyers representing the Idgah Trust argued that the Society was an agent of the Trust and the compromise agreement was also subsequently registered.
District judge Rajeev Bharti reasoned as the decree was drawn before the commencement of the Act of 1991 and since the same is the subject matter of challenge in the suit moved by the petitioner, and, therefore, by virtue of Section 4 (3) (b) of 1991 Act, the Act shall not be applicable on this dispute.
Noting, "Nothing contained in sub-section (1) and sub-section (2) shall apply to any suit, appeal or other proceedings, with respect to any matter, referred to in sub-section (2) finally decided, settled or disposed of by a court, tribunal or authority before the commencement of this Act," Mr. Bharti said, "in light of the discussions made and the legal tenets on the mentioned question, this court is of the considered view that the provisions of the Places of Worship (Special Provisions) Act 1991 are not applicable."
The Opposition Congress demanded that the government open the Gandhi Vatika Museum, depicting Mahatma Gandhi’s legacy and freedom struggle, built at a cost of ₹85 crore in Jaipur’s Central Park last year, during the Congress-led regime in Rajasthan. The museum has not been opened to the public, reportedly because of the administration’s engagements with the State Assembly and Lok Sabha elections.
Almaya Munnettam (Lay People to the Fore), group in the Ernakulam-Angamaly Archdiocese of the Syro-Malabar Church opposed to the synod-recommended Mass, rejected a circular issued by Major Archbishop Raphael Thattil and apostolic administrator Bosco Puthur on June 9 to implement the unified Mass in the archdiocese from July 3.
Pakistan coach Gary Kirsten stated that “not so great decision making” contributed to his side’s defeat to India in the Group-A T20 World Cup clash here on Sunday. The batting unit came apart in the chase, after being well placed at 72 for two. With 48 runs needed from eight overs, Pakistan found a way to panic and lose. “Maybe not so great decision making,” Kirsten said at the post-match press conference, when asked to explain the loss.