Krishna Janm Bhumi-Shahi Eidgah issue: Hearing continues at Allahabad High Court.
In the matter of Krishna janmbhumi and Shahi Eidgah dispute at Mathura on Thursday, while appearing on behalf of Muslim side the counsel Tasneem Ahmadi filed ten written statements (replies) before the court against the respective suits contending that the suits are barred by the provisions of Waqf Act as well as of Places of Worship Act, 1991, which bars conversion of any place of worship as existed on August 15, 1947. The court is hearing 18 consolidated suits filed by Hindus sides.
It was further submitted by her that suits have been filed for possession after removal of structure of Shahi Eidgah masjid as well as for restoration of temple and for permanent injunction. The prayer in the suit shows structure of masjid is there and committee of management is in possession of the same. “In this way a question/dispute has been raised on Waqf property and thus provisions of Waqf Act will apply and in such it is the waqf tribunal who has jurisdiction to hear the matter and not a civil court”, she added.
She further submitted before the court that parties had entered in compromise on October 12, 1968 and said compromise was confirmed in a civil suit decided in 1974. Thus no suit can be filed after such a long time as the limitation to challenge a compromise is three years but the suits have been filed in 2020 and thus present suit is barred by limitation .
The matter is being heard by Justice Mayank Kumar Jain on applications moved by the Muslim side under Order 7 Rule 11 of civil procedure code (CPC ) moved by Muslim side regarding maintainability of suits .
The controversy is related to Mughal emperor Aurangazeb-era Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.
The arguments of parties will continue tomorrow (on Friday, May 31).