Mathura Mosque Row: Panel Seeks Closure Of Centre's Right To Reply For Deliberate Delay

The Shahi Masjid Committee said despite repeated extensions by the apex court for filing its reply, the Centre intentionally delayed the process by not responding.

New Delhi:The Shahi Masjid Committee of Mathura has moved the Supreme Court claiming that the Centre is deliberately not filing its response in the Places of Worship case, and, in the interest of justice, the court should close its right to file a reply in the matter.

The mosque committee, in a plea, said in an order dated September 9, 2022, the apex court noticed that even though the notice in the writ petition, challenging the validity of various provisions of the Places of Worship (Special Provisions) Act (POWA), 1991, was issued on March 12, 2021, the Centre had not filed its counter affidavit/reply and it was granted two weeks to file its reply. However, the Centre failed to file its counter affidavit/reply as directed by the apex court.

The 1991 law prohibits the conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.

The committee's plea said in an order passed on October 12, 2022, the time to file a counter affidavit by the Centre was extended by the apex court and directed it to file its counter affidavit on or before October 31, 2022. However, the Centre again failed to file its response.

The plea said since the Centre has failed to file its response despite being given several opportunities, the committee urged the court to pass a direction to close the Centre's right to reply to the petitions, so that the case can proceed.

The plea said the Centre is deliberately obstructing the matter by not filing its response. "The Union of India is deliberately not filing its counter affidavit/reply vis-a-vis the challenge to the Places of Worship (Special Provisions) Act, 1991, with the intention to delay the hearing of the present Writ Petition and the connected Writ Petitions, thereby obstructing those who are opposing the challenge to the Places of Worship (Special Provisions) Act, 1991 in filing their respective written submissions/responses, as the stand of the Union of India would have a bearing on the same", the plea said.

The committee further said it is responsible for the management of the Shahi Masjid Eidgah in Mathura, which, at present, is the subject matter of 17 different suits being tried by the High Court of Judicature at Allahabad, wherein the plaintiffs have staked a claim over the entire parcel of land over which the Shahi Masjid Eidgah is situated and have sought for the removal of the structure from the said land, claiming the same to have been built over Krishna Janm Sthan.

The committee, in its intervention application, said it is contesting the said suits on various grounds, including their maintainability due to the bar under the Places of Worship (Special Provisions) Act, 1991, which is a subject matter of challenge in the present writ petition and the connected matters. However, the committee was not made a party to the main matter or any connected matters.

The committee pointed out that on December 12 last year, the Supreme Court had granted four weeks to the Centre to file its response, but it failed to do so. The committee said that since the apex court has fixed the date of hearing of the present writ petition and the connected writ petitions on February 17, it would be in the interest of justice if the right of the Centre to file its counter affidavit/ reply/ pleadings/ submissions, is closed.

The apex court, in December last year, while examining a clutch of pleas against the 1991 law, had restrained all courts from entertaining fresh suits and also from passing any interim or final orders in pending cases, seeking to reclaim religious places.

The order was passed on petitions filed by NGOs Jamiat Ulama-I-Hind, All India Muslim Personal Law Board and others, for implementation of the 1991 law.