In Krishna Janmabhoomi and Shahi Eidgah dispute case at Mathura, Hindu side submitted on Thursday that Krishna Janmabhoomi is a protected monument and is also a monument of national importance and same shall be governed by the provisions of ‘The Ancient Monuments and Archaeological Sites and Remains Act, 1958.’ and the provisions of the Places of Worship Act will not apply.
Krishna Janmabhoomi a monument of national interest, argues Hindu side (File)
Advocate Hari Shankar Jain appearing for Hindu side argued that worship at the Krishna Janmabhoomi is our fundamental right. The fundamental right to worship at the Janmabhoomi cannot be curtailed by law of limitation. The deity and devotees both have the right to be heard.
He further argued that the suit is maintainable, the plea regarding non-maintainability can only be decided after leading evidence.
The matter is being heard by Justice Mayank Kumar Jain on applications (under Order 7 Rule 11 CPC) moved by Muslim side regarding maintainability of suits.
The court has fixed May 7 as the next date of hearing in the cases.
The applicants had filed civil suit for declaration and injunction claiming right of Hindu community over the Masjid Eidgah while stating it was constructed after demolishing Hindu temples and such construction cannot be a mosque as no waqf was ever created and the land was never dedicated for construction of mosque.