Mathura: HC rejects plea to refer ‘Shahi Idgah' as ‘disputed structure'
The plea filed with prayer to direct the stenographer concerned to use the word 'disputed structure' in place of 'Shahi Idgah Mosque' in all further proceedings of the original suit and other related cases was supported with the affidavit of advocate Mahendra Pratap Singh who is plaintiff number 5.
The prayer was opposed by the Muslim side, the court noted.
'A bare perusal of the pleading of the parties in the suit reveals that there is dispute between the parties with regard to the site where Shahi Masjid Idgah is existing. Parties have claimed their respective title over suit property. Therefore, it may be termed as property in dispute 15. In pleadings of the parties also, the structure in question is referred as Shahi Masjid Idgah and at this stage where hearing of the suits is yet to commence and even issues have not been framed, it is neither desirable nor expedient to issue any direction to stenographer, as prayed by the applicants, to refer Shahi Masjid Idgah in judgments and orders as 'disputed structure',' stated the bench of Justice Ram Manohar Narayan Mishra, in its order.
'There is no dispute with regard to identity of property in suit, therefore, the prayer made in the application A-44 cannot be granted at this stage. The Court in its direction may refer to the property in dispute by appropriate words in further proceedings. 16.The application A- 44 is dismissed with above observations,' the bench added.
The court also said the applicant (plaintiff number 5) had submitted that the Shahi Idgah mosque was constructed on the exact site historically recognised as the original birthplace of Lord Krishna, one of the most revered deities in Hinduism.
The defendants, on the other hand, maintained that there is no provision that allows the plaintiff to dictate a stenographer of the court to refer Shahi Masjid Idgah as a 'disputed property', especially when such words are an attempt to retract from admission made by him and could also amount to an adverse inference against the defence in the suit.
The application has been filed with an intent to abuse the process of law, they alleged, adding that the mosque has existed for over 400 years, a fact which has been sought to be undermined by the petition.
Allowing the present application amounts to 'pre-determination' at an early stage in the suit that the Shahi Idgah Masjid is not a mosque, the court said.
It is also cited the defendant's contention that the plaintiff is trying to introduce a new case 'through backdoor' to negate the admitted fact that Shahi Masjid Idgah is a mosque. Even the existence of the mosque is admitted by plaintiff number 5 in his affidavit and at this stage he will not be permitted to convert the existing mosque into a 'disputed structure' for an ulterior motive, it added.
'…A decree of mandatory injunction has also been sought in present suit, with a prayer to get so called structure Shahi Masjid Idgah demolished within period prescribed by the Court and control thereof be handed over to authority prescribed by the Court. A decree of prohibitory injunction has also been sought against defendant no. 1 and 2 with regard to suit property of Katra Keshav Dev. The defendants have controverted plaint's allegations in the written statement and had admitted that Shahi Masjid Idgah was constructed in the year 1669 but denied the allegation that this is an unauthorized construction. The compromise dated 12.10.1968 was rightly filed by the parties in O.S. 43 of 1967 (Shri Krishan Janamsthan Seva Sangh vs. Shahi Masjid Idgah and others). The Shahi Masjid Idgah is a waqf property and has existed in the same state for 400-500 years. The suit is barred by the Places of Worship (Special Provision) Act ,1991, Section 92 C.P.C, under Order VII Rule 3 C.P.C and Order VII Rule 11 C.P.C,' the court said in its order.
The bench fixed July 18 as the next date of hearing
In January last year, the court had consolidated 15 suits related to the dispute on an application filed by the Hindu plaintiffs. The petitions seek removal of the mosque from the 13.37-acre complex, which it shares with the Katra Keshav Dev temple.
Later, an application was moved to recall the order that consolidated all 15 suits filed by the Hindu petitioners. In October last year, the court rejected the application and said the cases have been consolidated 'in the interest of justice'.
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