PRAYAGRAJ: Allahabad excessive court docket Thursday upheld the maintainability of a bunch of fits looking for “removing” of the Shahi Idgah mosque adjoining to the Krishna Janmabhoomi temple in Mathura. The petitions declare that the Aurangazeb-era mosque was constructed after the demolition of a temple that marked the spot the place Lord Krishna was born.
Dismissing a petition filed by the Idgah mosque committee that challenged the maintainability of those fits, Justice Mayank Kumar Jain stated that the fits are usually not barred by the Locations of Worship Act, 1991, which prohibits the conversion of any non secular construction because it existed on August 15, 1947; Waqf Act, 1995, or Particular Reduction Act, 1963.
“On studying of the plaints as an entire and in a significant method, perusal of the fabric positioned on information, consideration of the arguments superior by the rival events, and settled authorized propositions, I conclude that the plaints in all of the fits of the plaintiffs disclose a reason for motion and they don’t seem like barred by any provisions of the Waqf Act, 1995; the Locations of Worship (Particular Provisions) Act, 1991; the Particular Reduction Act, 1963; the Limitation Act, 1963 and Order XIII Rule 3A of the Code of Civil Process Code, 1908,” Justice Jain stated in his order on Thursday, fixing August 12 for the framing of points.
Earlier than reaching his conclusion, Justice Jain quoted a number of previous judgments, together with by the identical excessive court docket within the ‘UP Sunni Central Waqf Board Vs. Historic Idol of Swayambhoo Lord Vishweshwar’ (KVT-Gyanvapi case).
“Both the Gyanvapi Compound has a Hindu non secular character or a Muslim non secular character. It might’t have twin characters on the identical time. The non secular character must be ascertained by the Courtroom contemplating pleadings of the events, and proof led in help of pleadings. No conclusion may be reached on the idea of framing of preliminary problems with legislation. The Act solely bars conversion of place of worship, however it doesn’t outline or lay down any process for figuring out the non secular character of place of worship that existed on 15.08.1947,” he quoted the Dec 19, 2023 order of the Allahabad HC.
Relating to the applying of Waqf Act, he stated: “The current superstructure got here into existence on the idea of the compromise dated 12.10.1968. It’s also to be considered that in a number of rounds of litigation, previous to establishment of Go well with No. 43 of 1967 nowhere it was pleaded that the go well with property was a waqf property….Thus, at this stage it can’t be assumed that the go well with property was notified as a ‘waqf property’ below this Notification ( notification of 1944).”
Justice Jain had reserved his verdict on June 6, 2024, after listening to pleas of the Shahi Idgah mosque committee and UP Sunni Central Waqf Board. That they had moved functions below Order 7 Rule 11 of the Civil Process Code (CPC) relating to the maintainability of fits of Hindu worshippers. In all, 18 pleas of comparable nature had been filed in Mathura civil court docket on the dispute. In Might 2023, the HC had transferred all of the petitions for a joint listening to.
However the mosque administration committee and the UP Sunni Central Waqf Board had challenged the maintainability of those fits arguing that the fits had been barred below Locations of Worship (Particular Provisions) Act, 1991 that prohibits altering the standing of anyplace of worship from what it was on the day of the nation’s Independence.
Hindu aspect counsel Vishnu Shankar Jain advised reporters that with the dismissal of the plea difficult maintainability, the HC would proceed to listen to all of the instances.
