In response to the argument presented by the Muslim side in the Krishna Janmbhoomi-Shahi Idgah dispute at Mathura in the Allahabad High Court, the Hindu side contended on Tuesday that the provisions of the Waqf Act do not apply because the disputed property is not classified as a Waqf property. They asserted that the lawsuit is valid and its validity can only be determined after the presentation of evidence.

Counsel for the Hindu side, Rahul Sahai, while replying to the arguments raised from the Muslim side, submitted that the provisions of the Places of Worship (Special Provisions) Act, 1991 will not apply to the matter.

He argued that the religious nature of the place or structure has not been defined in the Places of Worship Act. According to him, determining its religious character can only be achieved through evidence, a matter that falls within the jurisdiction of 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 further asserted that the Waqf Act of 1995 is not applicable since the disputed property is not designated as a Waqf property. They maintained that the property in question was originally a temple, and its transformation into a site for Muslim prayers through forceful possession does not alter its inherent character.

Additionally, the Hindu side argued that since the property in question is not classified as a Waqf property, the court has the jurisdiction to adjudicate the matter.

The hearing in the Krishna Janmbhoomi-Shahi Idgah dispute will resume on Wednesday before the Allahabad High Court. The Muslim side will have the opportunity to present their perspective in response to the arguments put forth by the Hindu side.

Image source: PTI