In the Krishna Janmabhoomi-Shahi Idgah dispute, the Hindu side asserts that the deity was not involved in the compromise reached in 1968 or the court decree issued in 1974.
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Prayagraj: On May 1: In the Krishna Janmabhoomi-Shahi Idgah dispute, the Hindu side presented its case in the Allahabad High Court, asserting that the deity was not involved in the purported compromise reached between the two parties in 1968 or the court decree issued in 1974.
Justice Mayank Kumar Jain pertains to a plea filed by the Muslim side challenging the maintainability of the suit seeking the “removal” of the Shahi Idgah mosque situated adjacent to the Krishna Janmabhoomi temple.
The Hindu counsel further contended the compromise was allegedly made by the Sri Krishna Janmasthan Seva Sansthan, a body entrusted with the management of the temple’s day-to-day affairs. However, the counsel contended that the Sansthan lacked the authority to engage in such a compromise, as its sole purpose was to oversee routine activities and did not possess the right to enter into such agreements.
During a previous hearing, advocate Taslima Aziz Ahmadi, representing the Muslim side, raised the issue of the suit being barred by limitation. Ahmadi claimed that the parties involved had reached a compromise on October 12, 1968, which was subsequently validated in a civil suit decided in 1974. Under the law, the limitation on challenging a compromise is three years. Ahmadi argued that since the suit was filed in 2020, it was time-barred and could not be entertained.
Contrary to the argument put forth by the Muslim side, the Hindu party contended that the provisions of the Waqf Act would not be applicable in this case since the disputed property did not qualify as a waqf property. They emphasized that the suit was maintainable and that its viability could only be determined after the presentation of substantial evidence.
Previously, on April 30th, in the Krishna Janmbhoomi-Shahi Idgah dispute at Mathura, the Hindu side made a compelling argument countering assertions from the Muslim side during proceedings at the Allahabad High Court in Prayagraj today.
In response to claims from the Muslim side regarding the applicability of the Waqf Act, the Hindu representatives emphasized that the property under dispute does not qualify as a waqf property, thereby rendering the provisions of the Waqf Act irrelevant.
Rahul Sahai, counsel for the Hindu side, cited that the suit in question is indeed maintainable, emphasizing that any determination regarding its maintainability can only be reached after a thorough examination of the leading evidence. The proceedings, presided over by Justice Mayank Kumar Jain, primarily focused on applications filed by the Muslim side pertaining to the suit’s maintainability.
Sahai, while rebutting arguments from the Muslim side, contended that the provisions outlined in the Places of Worship (Special Provisions) Act, 1991, do not apply to the current dispute. He emphasized that the Act fails to define the religious character of the contested place or structure, thus necessitating adjudication by a civil court based on evidence.
Sahai referenced a judgment in the Gyanvapi case, wherein it was established that the determination of a place’s religious character falls within the purview of a civil court. This assertion reinforced the Hindu side’s position that the religious character of the disputed property must be adjudicated through civil proceedings.
Furthermore, the Hindu representatives argued that the Waqf Act, 1995, does not apply to the case at hand, as the contested property was originally a temple. Despite subsequent utilization for namaz prayers by Muslims following forceful possession, the Hindu side maintained that such actions could not alter the fundamental character of the land.
In essence, the Hindu side underscored the jurisdiction of the court in adjudicating the dispute, highlighting the property’s historical and religious significance. As the legal battle unfolds, both sides will continue to present their arguments, with the Muslim side expected to counter the assertions made by the Hindu representatives in subsequent proceedings scheduled for Wednesday, May 1st, before the Allahabad High Court.
Read previous reports on Krishna-Janmabhoomi Case
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