Budaun, Jul 17 (PTI) The hearing in the Neelkanth Mahadev v. Shamsi Jama Masjid case in a local court was on Thursday deferred to July 24 owing to the judge’s absence.
Civil judge (senior division) Suman Tiwari, who was on leave, was expected to rule on Thursday on whether or not the case was maintainable in a subordinate court, a case lawyer said.
The court previously reserved its order after hearing arguments from Anwar Alam, counsel for the Shamsi Jama Masjid Management Committee.
Alam argued according to Supreme Court directions, subordinate courts were not authorised to hear such religious structure disputes, and the case should be dismissed.
The temple’s legal team, led by advocate Ved Prakash Sahu, said the hearing on July 24 would determine whether the case can proceed in the civil court or not.
The legal battle has seen multiple adjournments since February, mainly due to absent counsel, court vacations, and judge transfers.
The case file was transferred from a fast-track court, after Judge Amit Kumar’s transfer to Bhadohi, to the current court of judge Tiwari.
On May 28, the judge reviewed the case file and instructed both parties to present their arguments on July 5. However, the Masjid committee sought an adjournment as their lawyer, Asrar Ahmad, was on Haj pilgrimage. The judge then fixed July 5 for regular hearings to commence, and both parties were told to be present with full preparations.
On July 5, advocate Alam reiterated under the Places of Worship Act, 1991, and related Supreme Court rulings, the subordinate judiciary lacked jurisdiction to hear such cases.
He submitted relevant documents, including a Supreme Court order, saying no court could pass orders on matters falling under the 1991 Act.
In response, temple counsel Vivek Kumar Render contended that the Supreme Court orders did not bar the ongoing or pre-existing suits from being heard.
He maintained that the case should be heard in full. PTI COR KIS AMK AMK
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