Places of Worship Act will not apply in Krishna Janmbhoomi-Shahi Idgah dispute, Hindu side tells Allahabad HC | India News

The Allahabad High Court is hearing a plea filed by the Muslim side challenging the maintainability of the suit filed by the Hindu side seeking the removal of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple in Mathura and for restoration of the temple and for a permanent injunction.

File photo of Krishna Janmbhoomi.

Prayagraj: The Hindu side on Tuesday told the Allahabad High Court that the provisions of the Places of Worship (Special Provisions) Act, 1991 will not apply in the Krishna Janmbhoomi-Shahi Idgah dispute at Mathura as the religious character of the place or structure has not been defined in the said Act and the same can only be decided after leading evidence.

High Court is hearing a plea filed by Muslim side challenging maintainability of suit filed by Hindu side

Rahul Sahai, advocate representing the Hindu side, told this to Justice Mayank Kumar Jain, who is hearing a plea filed by the Muslim side challenging the maintainability of the suit filed by the Hindu side seeking the removal of the Shahi Idgah mosque adjacent to the Krishna Janmabhoomi temple in Mathura and for restoration of the temple and a permanent injunction.

Sahai was responding to the arguments raised by the Muslim side, which will also put its reply later to the arguments of the Hindu side.

Sahai also placed before the High Court a judgment passed in the Gyanvapi case in which the court had held that the religious character can only be decided by a civil court.

Suit is maintainable: Hindu side

The Hindu side further told the High Court that its suit seeking removal of Shahi Idgah mosque is maintainable and non-maintainability of the suit can only be decided after leading evidence, news agency PTI reported.

Provisions of Waqf Act will not apply in this matter: Hindu side

The Hindu side also told the High Court that the provisions of the Waqf Act, 1995 will not apply in this matter as the property in dispute is not a waqf property and the High Court has jurisdiction to hear the matter.

The Hindu side further said that the property in question was a temple in which Muslims started offering namaz after taking forceful possession and character of land cannot be changed by this way.

The Muslim side had earlier told the High Court that the suit of the Hindu side is barred by the limitation law, which seeks a specific time period to seek a legal remedy.

The hearing in the matter would continue before the High Court on Wednesday.