PRAYAGRAJ: The Allahabad High Court in the Mathura Shri Krishna Janmabhoomi and Shahi Idgah Mosque dispute case fixed the next date on May 20.
The case was heard in the single bench of Justice Mayank Kumar Jain. After the arguments of the Muslim side, the civil suit is being explained in the court by the Hindu side. The Hindu side is demanding that this case be tried on the lines of the Ayodhya dispute. 18 petitions are being heard simultaneously in Allahabad High Court.
On Thursday the hearing which continued for three hours the Muslim side raised questions on the maintainability of these petitions and appealed for their dismissal. The Hindu side has claimed that the two and a half acre area of Idgah is the sanctum sanctorum of God. It should be handed over to the temple side. In the last hearing, senior advocate Reena Singh had argued in the High Court on behalf of the Hindu side.
Meanwhile the Muslim side has presented its views on points like maintainability of civil suit, Places of Worship Act 1991, Limitation Act, Waqf Act etc. The hearing of 18 cases filed in Mathura regarding Shri Krishna Janmabhoomi and Shahi Idgah dispute is going on continuously in the High Court.
Earlier on behalf of the Hindu side, advocate Hari Shankar Jain argued through video conferencing. It was said that Shri Krishna’s birth place is a protected monument. It is also a monument of national importance, hence it will be governed by the Ancient Monuments and Archaeological Sites and Remains Act 1958.
The provisions of the Places of Worship Act will not be applicable. The lawyers of the Hindu side had said during the debate that in such a situation, the provisions of the Places of Worship Act will not be applicable in this case. He said- Worship is our fundamental right. He said that the case is worth consideration. A decision on the petition not being maintainable can be taken only after the main evidence.
Therefore, with regard to maintainability of the suit, the applications presented under Order 7 Rule 11 of CPC should be dismissed. The next hearing in this case will be on May 7. In the case, after removal of the structure of Shahi Idgah Mosque from Shri Krishna Janmabhoomi in Mathura, restoration of the temple along with its possession and permanent injunction has been demanded. The two and a half acre area of the Eidgah is the sanctum sanctorum of God. The temple side had claimed in the High Court that the royal Eidgah built on two and a half acres is not a mosque. People from the temple side argued on Tuesday that namaz is offered only twice a year in the Eidgah whereas namaz is offered five times a day in the mosque.
Entire two and a half acre area of Shahi Idgah is the sanctum sanctorum of the Lord. Idgah was constructed under a political conspiracy. The defendant has no such record. Order VII Rule 11 of CPC is not applicable in this suit.
The court had given time to both the parties to file objections. Earlier, the High Court had given time to different parties in the case to file their objections after hearing them. Then the hearing was postponed till 30 April. The bench of Justice Mayank Jain is hearing a total of 18 suits filed on behalf of Lord Shri Krishna Virajman and Katra Keshav Dev.
The lawyers from the Hindu side presented arguments and said that the land of the Shahi Idgah complex should be given to the temple trust. He says that years ago the land was given to Shahi Idgah under a wrong agreement.
