Krishna Janmabhoomi-Shahi Idgah case: HC rejects plea to make goddess Radha a party
: The Allahabad high court has rejected an application moved by the Hindu side seeking impleadment of the deity -- Shriji Radha Rani Vrishbhanu Kumari Vrindavani (goddess Radha) -- as a party to one of the 18 suits pertaining to the Krishna Janmabhoomi-Shahi Idgah title dispute case in Mathura.
Rejecting the application, the court said, 'Puranic illustrations are considered hearsay evidence.'
'The claim of the applicant as a joint holder of property in dispute together with plaintiff is based on some reference in various Puranas and Sanhitas wherein Shriji Radha Rani is considered as soul of lord Krishna. The Pauranic illustrations are generally considered as hearsay evidence in legal context.'
'There is no evidence in support of the claim raised by the applicant that the applicant is entitled as joint holder of said land of 13.37 acres and property of the applicant is also involved in suit property claimed by the plaintiff as birthplace of lord Krishna,' said Justice Ram Manohar Narayan Mishra in his order dated May 23.
The application, moved through advocate Reena N Singh, claimed that the applicant – the deity Shriji Radha Rani -- is the legal wife and the feminine form of the plaintiff in the suit -- Sri Bhagwan Krishna Lala Virajman -- and that together, they both are worshipped as deities since time immemorial. They both allegedly hold the disputed land comprising 13.37 acres, according to the application.
The applicant claimed joint ownership of the disputed property with the plaintiff Bhagwan Krishna Lala Virajman, based on references in various Purans and Sanhitas describing Shriji Radha Rani as the soul of Lord Krishna.
It was argued that the applicant is a necessary and proper party to the suit and her impleadment is essential for complete justice under order one rule ten of the civil procedure code (CPC).
However, the court rejected the application, observing that the applicant is neither a necessary nor proper party to the suit and that it is not expedient to implead her in suit number seven.
The court, however, noted that if the applicant in the future comes with any concrete evidence supporting the claim of joint ownership, her impleadment may be considered at an appropriate stage.
The suit seeks removal of the alleged illegal encroachment from the Sri Krishna Janmabhoomi temple premises, now known as Shahi Idgah Masjid (formerly Jama Masjid).
The court ultimately concluded, 'This court finds force in the objection raised by some of the parties to the suit in regard to impleadment application filed on behalf of Shriji Radha Rani. There is no averment in the impleadment application that there was a temple of Radha Rani in the property in dispute,' the court stated while fixing July 4 as the next date of hearing.
The controversy concerns the Mughal emperor Aurangzeb-era Shahi Idgah mosque at Mathura, which is alleged to have been built after demolishing a temple at Lord Krishna's birthplace.
In May 2023, the Allahabad high court transferred all such suits from the Mathura court to itself.
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