Allahabad HC rejects Muslim party’s arguments in Krishna Janmabhoomi case
The Hindu side contended that no property under the name of Shah Idgah exists in government records, alleging illegal occupation.
On August 1, the Allahabad High Court ruled in favor of the Hindu side in the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura, dismissing the Muslim side’s plea regarding the maintainability of the suit. Justice Mayank Kumar Jain rejected the application from the Muslim side, affirming that all 18 suits are maintainable.
The management of Shahi Idgah Masjid had challenged the maintainability of the suits filed by the deity and Hindu parties, citing the Places of Worship Act, the Limitation Act, and the Specific Relief Act. However, the High Court dismissed the Muslim side’s plea under Section 7 Rule 11 of the Code of Civil Procedure (CPC), which questioned the maintainability of the Hindu side’s suit.
Arguments and Rejections on the Krishna Janmabhoomi case
The court’s decision counters the primary argument from the Committee of Management Trust Shahi Masjid Idgah (Mathura), which claimed that the pending lawsuits are barred by the Places of Worship Act 1991, the Limitation Act 1963, and the Specific Relief Act 1963.
Taslima Aziz Ahmadi, representing the Muslim side, argued that the Waqf board’s provisions should apply, and that the Waqf tribunal has jurisdiction over the matter. The Hindu side contended that no property under the name of Shah Idgah exists in government records, alleging illegal occupation. They also argued that if the property is claimed to be Waqf, the Waqf Board must disclose the donor of the disputed property.
The Krishna Janmabhoomi case hearings are set to begin on August 12. The High Court had reserved its judgment on the maintainability of the cases related to the dispute on May 31. Several cases have been filed seeking the removal of the Shahi Idgah mosque, which stands adjacent to the Krishna temple, with litigants claiming that the mosque was built during the Aurangzeb era after demolishing the temple.
The Hindu side has claimed that the 17th-century Mughal-era mosque was constructed after demolishing a temple. A local court admitted the demand for a survey in December 2022, but the Muslim side had filed an objection in the High Court.
You might also be interested in – Allahabad HC rules financial demand from in-laws for business is not dowry
