New Delhi: The Supreme Court on Tuesday (September 17) asked the Muslim side to apprise it whether the appeal against the single bench order of the Allahabad High Court dismissing the plea of the Muslim side challenging the maintainability of 18 suits filed by the Hindu side related to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura lie before the division bench.
Apex court posted the matter for further hearing on November 4
A bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar, which was hearing a plea filed by the Muslim side challenging the single bench order of the High Court, posted the matter for further hearing on November 4.
The Muslim side earlier this month moved the top court challenging the single bench order of the High Court, which rejected the submissions of the Muslim side that the plea of the Hindu side was barred under the Places of Worship Act, Wakf Act, Limitation Act and Specific Relief Act.
What did the High Court say?
The High Court, in its order dated August 1, said that the suits by the Hindu side “do not appear to be barred by any provisions of the Wakf Act, 1995; the Places of Worship (Special Provisions) Act, 1991; the Specific Relief Act, 1963; the Limitation Act, 1963 and Order XIII Rule 3A of the Code of Civil Procedure, 1908”.
The High Court had further said that the Places of Worship Act did not define the term “religious character” and the disputed place in Mathura is either a temple or a mosque, as it cannot have a dual religious character of a temple and a mosque at the same time.
“Either the place is a temple or a mosque. Thus, I find that the religious character of the disputed place as it existed on August 15, 1947 is to be determined by documentary as well as oral evidence led by both the parties,” Justice Justice Mayank Kumar Jain said.
Apex court earlier stayed High Court order allowing court-monitored survey of Shahi Idgah complex
The top court had on January 16 stayed the operation of the order of the High Court allowing a court-monitored survey of the Shahi Idgah mosque complex on an application filed by deity (Bhagwan Sri Krishna Virajman) and seven others seeking court-monitored survey of the Shahi Idgah premises.
Senior advocate Madhavi Divan and advocate Vishnu Shankar Jain, who appeared for the Hindu side, urged the top court on Tuesday to vacate the stay on the operation of the High Court order appointing court commissioner for survey of the Idgah complex.
The apex court, however, said that several legal issues are involved in the matter and it needs detailed consideration and directed that all the pending matters on the matter will be taken up together.
