Allahabad HC reopens Shahi Idgah case, to hear Muslim side on 4 June

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

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

Earlier, on 31 May, Tasneem Ahmadi concluded her arguments on behalf of the management committee, 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, where the Uttar Pradesh Sunni Central Waqf Board is arrayed as a defendant.

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

After the aforesaid proceedings, in the open court, justice Mayank Kumar Jain, on Friday, communicated to the counsel for the parties that the order was being reserved.

However, after the conclusion of the arguments and reserved the order in the open court, 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 also added that the defendant's right to be heard was protected by appropriate measures through video recording of the proceedings.

The court noted that Mehmood Pracha remained present through video conferencing on several occasions and was also present in person before the court. He had ample opportunity to argue the matter, the court added.

The court further made it clear, saying that "The right of 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".

However, keeping in view the principle of transparency, 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."

The court made it clear that for any reason, whatsoever, no further opportunity will be accorded to him.

The court directed the registry of this court to inform counsel for the parties and all concerned about the date fixed in the matter forthwith, so that they may be present on the date fixed.