Waqf Act not applicable to Krishna Janmabhoomi-Shahi Idgah dispute, says Hindu side
Muslim side in the Krishna Janmbhoomi-Shahi Idgah dispute at Mathura in the Allahabad High Court, the Hindu side on Tuesday said the provisions of Waqf Act will not apply as the property in dispute is not a waqf property. It said the suit is maintainable and its non-maintainability can only be decided after the leading evidence. The matter is being heard by Justice Mayank Kumar Jain on applications moved by Muslim side regarding maintainability of suit.
Counsel for the Hindu side, Rahul Sahai, while replying to the arguments raised from Muslim side, submitted that the provisions of the Places of Worship (Special Provisions) Act, 1991 will not apply to the matter.
He submitted that the religious character of the place or structure has not been defined in the Places of Worship Act. Its religious character can only be decided by evidence, which can only be decided by the civil court.
Sahai also placed a judgment passed in the Gyanvapi case where the court had held that the religious character can only be decided by a civil court.
The Hindu side also submitted that the provisions of the Waqf Act, 1995 will not apply as the property in dispute is not a waqf property. The property in question was a temple and after taking forceful possession of the same, they (Muslims) started offering namaz. But by this way, the character of land cannot be changed, it argued.
It further submitted that as the property in question is not a waqf property, this court has the jurisdiction to hear the matter.
Hearing in the matter of
