Allahabad HC Re-opens Shahi Idgah Case, To Hear Muslim Side On June 4

The Allahabad High Court, in an unexpected development, after reserving its order on an application challenging the maintainability of suits related to the Krishna Janmabhoomi-Shahi Idgah dispute, has re-opened the same for hearing. This comes after Mehmood Pracha — the counsel for the Shahi Idgah Masjid, Mathura — moved an application requesting that he be heard in the matter and prayed for video recording of the court proceedings.

Now, Justice Mayank Kumar Jain has fixed June 4 for hearing him through video conferencing.

Meanwhile, on May 31, Tasneem Ahmadi, concluded her arguments on behalf of the management committee of the Shahi Idgah Masjid, which is a defendant-respondent in the original suits.

Earlier, on behalf of the Uttar Pradesh Sunni Central Waqf Board, Afzal Ahmad had already concluded his arguments in the suits; the UP Sunni Central Waqf Board is arrayed as a defendant there.

Mehmood Pracha, the counsel, thereafter addressed the court through video conferencing on behalf of the management committee of the Shahi Idgah Masjid and concluded the same. Hari Shankar Jain, Rina N Singh, Saurabh Tiwari and others were the counsels for the Hindu side plaintiffs and the  court also heard them at length.

On Friday, after the aforesaid proceedings in the open court, Justice Mayank Kumar Jain communicated to the counsel for the parties that the order was being reserved.

However, after the order was reserved in the open court and the conclusion of the arguments, an application was filed on behalf of the management committee of Shahi Idgah Masjid with the prayers to “issue appropriate directions to ensure that the right of an audience through video conferencing of Mehmood Pracha, whose ‘vakalatnama’ is on the record, is not obstructed in any manner”.

The prayer went on to add that the right of the defendant to be heard was protected by appropriate measures through conducting video recording of the proceedings.

Meanwhile, the court made note of the fact that on several occasions, Mehmood Pracha remained present through video conferencing and was also present before the court. The court added that he had ample opportunity to argue the matter.

“The right of the audience to any of the counsel, who desired to appear and argue the matter through video conferencing, was never obstructed as the entire hearing, which commenced from 22 February 2024, was conducted in the presence of the parties to the suits as well as their respective counsels,” the court further made it clear.

Keeping in view the principle of transparency, however, the court accepted the request of Mehmood Pracha, saying, “However, given the phrase ‘justice should not only be done but must also be seen to be done’ and to do complete justice in the matter, this court feels appropriate to provide an opportunity to Mehmood Pracha, advocate, to address the court through video conferencing.”

However, at the same time, the court made it clear that for any reason whatsoever, no further opportunity will be accorded to him. The court also issued directions for the registry of the court to inform the counsel for the parties and all concerned about the date fixed in the matter, so that they may be present on the said date.