Shahi Idgah row: Allahabad HC to deliver verdict today on maintainability of suits by Hindu side

Prayagraj: The Allahabad High Court is likely to deliver its verdict today on a plea by the Muslim side challenging the maintainability of pleas filed by the Hindu side in connection with the Krishna Janmabhoomi-Shahi Idgah mosque dispute in Mathura.

High Court reserved its verdict on June 6 after hearing arguments from Hindu, Muslim sides

Justice Mayank Kumar Jain on June 6 had reserved judgment on the Muslim side plea after hearing submissions from both sides.
The Hindu side has filed several pleas seeking the “removal” of the Shahi Idgah mosque located adjacent to the Krishna Janmabhoomi temple, claiming that the Aurangazeb-era mosque was built after the demolition of the temple.

The Hindu side has sought the “removal” of the Shahi Idgah mosque from the 13.37-acre complex it shares with the Katra Keshav Dev temple in Mathura and possession of the Shahi Idgah premises.

What did the Muslim side argue?

The Muslim side, represented by the mosque management committee and UP Sunni Central Waqf Board, has said that the pleas of the Hindu side are barred under the Places of Worship Act,, Limitation Act and Specific Relief Act and thus not maintainable.

The Muslim side has further said that the Hindu and Muslim sides had entered into a compromise on October 12, 1968 in dispute between the two sides in the Krishna Janmabhoomi-Shahi Idgah mosque dispute in Mathura and that compromise was confirmed in a civil suit decided in 1974 and since the limitation to challenge a compromise is three years, the suits filed by the Hindu side in 2020 is barred by limitation.

What did the Hindu side argue?

The Hindu side has rejected the arguments of the Muslim side and has maintained that its suits are not barred under any laws argued by the Muslim side and pleas seeking removal of the Shahi Idgah mosque from the complex is maintainable.

The Hindu side has further argued that the Places of Worship Act applies only in the case of undisputed structure and the Act does not in the case of a disputed structure, as in the present case and that the Places of Worship Act, Limitation Act and Waqf Act are not applicable in this dispute.

The Hindu side has also said that the claimed compromise between both sides in 1968 was a fraud by Sunni Central Waqf Board and the mosque committee and that the Sri Krishna Janmasthan Seva Sansthan was not empowered to make claimed compromise by entering into any such pact with the Muslim side, as the object of the Sansthan was only to manage day-to-day activities of the temple.

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