Jain Shwetambar Conference Herald 1909 Book 05

Author(s): Mohanlal Dalichand Desai
Publisher: Jain Shwetambar Conference

Page 328

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E
loral $(-427 32es.!
cordance with the policy of non-intervention generally followed by the British Government declined to interfere in the matter. The State court in which the Jains had filed their suit gave on the Ist January 1908 time to the defendant till 19th March of the same year to file a reply to the plaint But the State instead of filing the reply obtained postponement from time to time. The last postponement was fixed for the 16th instant, and it is said that no reply to the plaint has been so far filed. The hearing of the case that has been pending for more than a year and a half was to come off yesterday, and the Jains are very naturally anxiously awaiting to learn the result thereof.
We have given above in brief the account in connection with this deplorable affair as is published by our Anglo-Indian contemporary. The case being sub judice we are precluded from discussing its merits lest we might unconsciously do injustice either to one party or the other. Judging, however, from what has been brought to light it is evident that the State court is not proceeding in the way a Judicial court ought to. Nearly twenty months have passed since the Jains filed their plaint, but strange as it may seem, precious little has been done by the court during this long period, while the Ştate has all this while been exercising its rights over the Girnar Hill in spite of such rights being seriously disputed by the opponents in a law court. It is certainly difficult to conceive what the State would have lost if the injunction prayed for by the Jains had been granted. The way in which the court has been doing its work in this case is likely to leave an impression on every unbiassed mind that it is not approaching the inquiry with an open mind. The state is evidently in no hurry to have this vexed question finally decided, for it is entirely unfettered in its acts with respect to the hill. The conduct of the court throughout this case has been open to objection, and the Jains have obviously to fight against odds. Let us, however, wait for the result of the hear. ing of the case which was to come off yesterday.
Praja Bandhu-22-8-09.