The Hindu side Today (April 30th) countered the argument presented by the Muslim side in the Krishna Janmabhoomi-Shahi Idgah dispute at Mathura in the Allahabad High Court. They asserted that the provisions of the Waqf Act would not be applicable as the disputed property is not categorized as waqf property.
Thank you for reading this post, don't forget to subscribe!
PRAYAGRAJ: In the ongoing 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, elucidated that the suit in question is indeed maintainable, emphasizing that any determination regarding its maintainability can only be reached after 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 underscored 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.
Drawing from legal precedent, 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 cannot 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- 1st May before the Allahabad High Court.
Click Here to Read Previous Reports on Krishna Janmabhoomi Case
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
