Allahabad: On Thursday, the Muslim side lost another early round when the Allahabad High Court dismissed their petition, questioning the maintainability of the suits bearing the Mathura Krishna Janmabhoomi/Shahi Eidgah controversy. The verdict, which came by Justice Mayank Kumar Jain, would be counted among the developments that are part of the legal process going on between the two parties regarding the sensitive site.
For their part, the Muslim side, the Shahi Eidgah mosque management, and directors of the UP Sunni Central Waqf board argued that the suits could not be permitted under the Places of Worship Act, 1991. This gives protection against altering the character of a place of worship that existed at the date of commencement of this Act, which is August 15, 1947. The mosque management argued that the legal application to demolish the Shahi Eidgah mosque was untenable since the construction of the mosque began in 1669-70, in the Mughal period, thus barring it from the Act’s time frame.
On this position taken by the court, Vishnu Shankar Jain, the advocate representing the Hindus, stated that he is willing and prepared to take the matter further to a court division of the supreme court in Allahabad if the Muslim side decides to appeal. Jain said, “Allahabad High Court has dismissed the order under Order 7 Rule 11 moved by the Shahi Eidgah Masjid stating that the 18 suits are not barred under Places of Worship Act We are ready to file a caveat before Supreme Court and will be appearing if Shahi Eidgah Masjid moves in”.
The core of the controversy is based on several suits initiated by the Hindu plaintiffs to have the Shahi Eidgah mosque removed from the site where it stands next to the Krishna Janmabhoomi temple. The plaintiffs further state that the mosque was built at the place where a Krishna temple was pulled down and, therefore, sought an order from the court for delivery of the mosque premise and demolition of the mosque.
The next hearing is set for August 12, and the proceedings will continue from that day. The tearing of the plea implies that the trials will go on as had been planned.
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