New Delhi: The Supreme Court is scheduled to hear tomorrow a plea filed by the Muslim side challenging an order of the Allahabad High Court rejecting its plea challenging the maintainability of 18 suits filed by the Hindu side related to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura.
Muslim side earlier this month moved the apex court against the High Court order
The plea filed by the Committee of Management Trust, Shahi Masjid Idgah is listed for hearing before a bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar.
The Muslim side moved the top court earlier this month against the High Court order. The Muslim side has also filed a bunch of pleas before the top court related to the dispute, including challenging a May 2023 High Court order transferring to itself all the matters related to the dispute pending before a court in Mathura. The Hindu side has also filed a caveat before the top court.
High Court on August 1 dismissed the Muslim side plea challenging the maintainability of 18 pleas filed by the Hindu side
The High Court on August 1 rejected the Muslim side plea challenging the maintainability of 18 pleas filed by the Hindu side seeking the “removal” of the Shahi Idgah claiming that it was built after demolishing a temple that once stood there.
‘Religious character’ of Shahi Idgah needs to be determined: High Court
The High Court rejected the Muslim side’s submission that the suits filed by Hindu side was barred under the Places of Worship Act, Limitation Act and Specific Relief Act and thus, the pleas were not maintainable, saying that the “religious character” of Shahi Idgah needs to be determined.
Justice Mayank Kumar Jain, while dismissing the plea filed by the Muslim side, said that the Places of Worship Act did not define the term “religious character” and the disputed place 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 Jain said.
Apex court earlier stayed High Court order allowing court-monitored survey of Shahi Idgah complex
The apex court earlier on January 16 stayed the operation of the High Court order allowing a court-monitored survey of the Shahi Idgah mosque complex and said that the proceedings before the High Court in the dispute, including the maintainability of the Hindu side suit under Order VII Rule 11 of CPC, will continue. The High Court on December 14 allowed an application filed by deity (Bhagwan Sri Krishna Virajman) and seven others seeking court-monitored survey of the Shahi Idgah premises.
