Rajesh Pandey
In the matter of Krishna Janmbhumi and Shahi Eidgah dispute at Mathura , appearing on behalf of Hindu side, it was submitted by its counsel on Thursday that Krishna Janmbhumi is a protected monument and is also a monument of National importance and same shall be governed by the provisions of ‘The Ancient Monuments and Archaeological Sites and Remains Act, 1958.’ and the provisions of the Places of Worship Act,1991 will not apply. This Act of 1991 provides that nature of a religious structure cannot be converted and will continue to remain the same as existed on August 15,1947.
Today (on Thursday), the counsel Hari Shankar Jain, appearing for Hindu side argued that worship at the Krishna Janambhoomi is our fundamental right. The fundamental right to worship at the Janambhoomi cannot be curtailed by law of limitation. The deity and devotees both have the right to be heard.
He further argued that the suit is maintainable, the plea regarding non maintainability can only be decided after leading evidences.
The matter is being heard by Justice Mayank Kumar Jain on applications under Order 7 Rule 11 of civil procedure code (CPC ) moved by Muslim side (UP Sunni Central Waqf Board and management committee of Eidgah) challenging maintainability of 18 consolidated suits.
After hearing, Justice Mayank Kumar Jain fixed May 7, 2024 as the next date of hearing in the cases.
The applicants had filed civil suits for declaration and injunction claiming right of Hindu community over the Shahi Masjid Eidgah, while stating that it was constructed after demolishing Hindu temples and such construction cannot be a mosque as no waqf was ever created and the land was never dedicated for construction of mosque.
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