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Krishna Janmabhoomi matter: Alld HC reserves order on plea challenging maintainability of suits
The court re-opened the hearing on Thursday (June 6) after the request of counsel for Eidgah, Mehmood Pracha, for hearing him on this matter
The Allahabad high court on Thursday again reserved its order on an application filed by the Muslim side challenging the maintainability of suits in the Krishna Janmabhoomi-Shahi Eidgah dispute in Mathura.
Earlier, the court had reserved its order on May 31, 2024 after hearing both Hindu (plaintiff) side and Muslim (defendant) side at length.
However, the court re-opened the hearing on Thursday (June 6) after the request of counsel for Eidgah, Mehmood Pracha, for hearing him on this matter.
The high court is hearing 18 consolidated suits filed by the Hindu side seeking possession of the land on which the Shahi Eidgah mosque adjacent to the Shri Krishna Janmabhoomi temple is built. Justice Mayank Kumar Jain was hearing the said suits.
The application has been filed under Order 7 Rule 11 of the Civil Procedure Code that provides that a suit is not maintainable if it is barred by any law.
The Muslim side—management committee of Shahi Eidgah and UP Sunni Central Waqf Board—has challenged the maintainability on the ground that suits are barred under the Places of Worship (Special Provisions) Act, 1991, which prohibits conversion of any place of worship and provide for maintenance of the religious character of any place of worship as existed on August 15, 1947.
As per the Muslim side, in the plaint of the suits it was stated that the mosque in question was built in 1669-70. All 18 suits filed by Hindu side contain a common prayer seeking the removal of the Shahi Eidgah 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 Eidgah premises and demolition of the present structure.
Appearing on behalf of Eidgah on Thursday, Mehmood Pracha said the arguments on the application advanced on behalf of the Muslim side have been concluded by Tasneem Ahmadi and, therefore, hearing on the application stands concluded.
His second submission was that his right to audience be protected in view of the alleged unruly behaviour of counsel for the plaintiffs on the hearing dated May 30, 2024 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 that arguments were concluded and thus it reserved is judgment on the issue of maintainability of suits.
However, regarding the other two request, the court said these two issues shall be taken up after the order on the maintainability of suit was pronounced. The high court has appointed senior advocate Manish Goyal as amicus curiae in the matter.
