The Supreme Court on Friday said that it would examine the new claim raised by the Hindu parties that the disputed structure was a protected monument under the Archeological Survey of India (ASI) and could not be used as a mosque.
The Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar issued notice to the Hindu parties on an appeal filed by Muslim side against the Allahabad High Court order which allowed the Hindu’s side to amend their suit and also make ASI a party to the case.
The top court of the country, while pointing out that it had refused to pass an interim order during its previous hearing, berated the Muslim side for not apprising the High Court about the Apex Court’s decision.
This has to be dealt with in other matter on merits, it noted, adding that the verdict passed by the High Court allowing the Hindu side’s amendment application seemed to be prima facie correct.
The Hindu side moved the High Court claimimg that an ASI-protected place could not be used for worship as a mosque and the Places of Worship Act would not apply to such a structure.
The Apex Court granted the petitioners liberty to amend the complaint and implead parties. No parties retrospective or not is a separate issue. They were further granted liberty to raise the issue in replication that the Places of Worship Act could not apply.
The top court of the country eventually said that it would hear the case along with other related matters in the dispute on April 8.
The Hindu side initially approached the High Court with an application to make ASI a party to the case. The High Court further sought amendment to the plaint filed by them initially.
They claimed that the mosque was declared as a protected monument by a 1920 notification issued by the Lieutenant Governor of the United Province under Section 3 of the Ancient Monument Preservation Act.
The place could not be used as a mosque, they argued.
The Places of Worship Act seeks to protect the status of all religious structures as it stood on the date of independence (August 1947) by barring courts from entertaining cases which raise dispute over the character of such places of worship.
The law, which was introduced during the height of Ram Janmabhoomi movement, seeks to protect the status of all religious structures as it stood on the date of independence by barring courts from entertaining cases which raises dispute over the character of such places of worship.
The Muslim side opposed the amendment plea by Hindu parties. They claimed that it was an attempt to negate the defence taken by the Muslim side based on the Places of Worship Act.
They said the proposed amendments showed that the plaintiffs were attempting to negate the defence taken by the defendant that the suit was barred by the Places of Worship Act 1991 by setting up a new case. The plaintiffs were amending their complaint, to try and wriggle out of the defence taken by the defendant that the suit was barred under the Places of Worship Act, 1991, they added.
On March 5, the High Court allowed the Hindu side’s application and permitted them to amend their plea and also add ASI as a party to the case.
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