Prayagraj: The Allahabad High Court on Thursday reserved its verdict on a petition challenging maintainability of suits filed in connection with the Krishna Janmabhoomi-Shahi Idgah mosque dispute in Mathura.
Several suits have been filed seeking the “removal” of the Shahi Idgah mosque which stands adjacent to the Krishna Janmabhoomi temple, with litigants claiming that the Aurangazeb-era mosque was built after the demolition of the temple.
The mosque management committee, in its petition, has challenged these suits.
The Muslim side — mosque management committee and UP Sunni Central Waqf Board — has argued that the suits are barred under Places of Worship Act, 1991.
According to the Muslim side, the suits itself admit the fact that the mosque in question was built in 1669-70.
The suits filed by the Hindu side contain a common prayer seeking the “removal” of the Shahi Idgah mosque from the 13.37-acre complex it shares with the Katra Keshav Dev temple in Mathura. The additional prayers include seeking possession of the Shahi Idgah premises.
On May 31, the high court had reserved its judgment after hearing both the Hindu side (plaintiff) and Muslim side (defendant) at length. However, the court reopened the hearing after the request of Shahi Idgah counsel Mehmood Pracha.
On Thursday, appearing for the mosque, Pracha said that the arguments on the application under Order 7 Rule 11 of Civil Procedure Code (CPC), advanced on behalf of the defendant — Muslim side — have been concluded by Taslima Aziz Ahmadi and therefore hearing on the application stands concluded.
Pracha’s second submission was that his right to an audience be protected and videography of the further court proceedings be also conducted.
His third submission was that since the subject matter of the suit is between the plaintiffs and the defendants, therefore, there is no provision that the court can appoint any person or lawyer as amicus curiae.
The court accepted the first request of Pracha and reserved its judgment on the issue of maintainability of suits.
However, regarding the other two requests, the court said that these two issues shall be taken up after the order on the maintainability of suit is pronounced.
The high court has appointed senior advocate Manish Goyal as amicus curiae in the matter.
The Hindu plaintiffs had also argued that no property in the name of Shahi Idgah is in the government records and the same has been occupied illegally.
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