Places of Worship Act won’t apply in Krishna Janmabhoomi case: court

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."