In a significant development concerning the Krishna Janmabhoomi-Shahi Masjid Idgah dispute in Mathura, the Allahabad High Court has upheld the maintainability of 18 lawsuits filed by Hindu worshippers. This ruling clears the path for further legal proceedings regarding the contentious site.
Justice Mayank Kumar Jain, presiding over a single-judge bench, delivered the verdict on July 31, 2024, after reserving judgment on June 6. The court rejected the mosque committee's plea questioning the validity of these suits. The ruling confirms that the lawsuits, which involve claims related to the religious significance of the disputed site, will proceed.
Legal Basis for Upholding the Suits
The court's decision was grounded in a thorough review of the submitted plaints, evidence, and legal arguments presented by both parties. Justice Jain found that the suits met all legal requirements and were not barred by any of the following statutes: the Waqf Act of 1995, the Places of Worship (Special Provisions) Act of 1991, the Specific Relief Act of 1963, the Limitation Act of 1963, and Order XIII Rule 3A of the Code of Civil Procedure Code of 1908.
The bench stated that the applications seeking rejection of the plaints in the respective suits were to be dismissed. This judgment indicates that the court found merit in the plaintiffs' claims and that the legal basis for these claims was sufficient to warrant further examination.
Mosque Committee's Response and Appeal Plans
Following the ruling, the mosque committee expressed its intent to appeal the decision to the Supreme Court. Advocate Mehmood Pracha, representing the committee, criticized the Allahabad High Court's order, labelling it as contrary to established legal principles. Pracha confirmed that the committee would challenge the verdict in the Supreme Court in the near future.
Tanveer Ahmed, Secretary of the Shahi Masjid Idgah Committee, reiterated the committee's position. He noted that the High Court's decision had been based on a determination of maintainability that the committee disputes. Ahmed indicated that a detailed review of the judgment would precede their appeal.
Upcoming Supreme Court Hearing
The Supreme Court is scheduled to address the mosque committee's plea concerning the High Court's proceedings on August 5. This hearing will also cover the committee's request to challenge the maintainability of all suits.
Vishnu Shankar Jain, counsel for the Hindu petitioners, noted that with the High Court's decision to allow the suits to proceed, they would now seek to have the Supreme Court lift a previous stay on a High Court order that permitted a survey of the mosque. Jain mentioned plans to file a caveat concerning the High Court’s latest order.
Historical Context of the Dispute
The Hindu petitioners argue that the site in question, traditionally believed to be the birthplace of Lord Krishna, was originally occupied by a temple. They assert that the temple was demolished by Mahmud Ghaznavi and Sikandar Lodhi, followed by the construction of a mosque by Mughal emperor Aurangzeb.
Justice Jain's ruling highlighted that the determination of the site's religious character must be based on trial evidence. The bench recognized the argument that "first in existence" or "prior in existence" should guide the applicability of the Places of Worship Act.
Examination of Historical Evidence
The court referred to a 1920 notification from the Lt Governor of the United Provinces indicating the prior existence of a temple at the site. Furthermore, the Hindu plaintiffs provided historical claims about the temple's construction and its significance.
The ruling also noted that the defendants did not provide evidence proving that the site was ever officially recognized as "Idgah Masjid Alamgiri" under the Waqf Act. The plaintiffs’ claim that the site was historically a significant temple was supported by various documents, including a trust deed dated March 9, 1951, affirming the temple's existence at the time of the Janmabhoomi Trust's formation.
Conclusion
The Allahabad High Court's ruling is a pivotal moment in the Krishna Janmabhoomi mosque dispute, allowing the cases to proceed and setting the stage for further judicial review. As both sides prepare for the upcoming Supreme Court hearings, the dispute over the religious and historical significance of the site continues to unfold in the Indian judiciary.
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