Krishna Janmabhoomi dispute: Supreme Court issues notice on mosque committee’s plea

The Supreme Court Friday issued notices on a petition filed by the management committee of Idgah Mosque, Mathura, challenging the Allahabad High Court’s order consolidating all suits filed by the Hindu side in relation to the Mathura Krishna Janmabhoomi-Shahi Idgah dispute.

A three-judge bench led by Chief Justice of India Sanjiv Khanna posted the matter for hearing on April 8 when other matters relating to the Places of Worship Act, 1991 were listed.

With regard to the Allahabad High Court’s March 5 decision, allowing the Hindu side to implead the Centre and Archaeological Survey of India (ASI) in suits filed by Hindu side for the removal of the mosque from the site they claimed to be the birthplace of Lord Krishna, the bench said the order was prima facie right.

As advocate Vishnu Shankar Jain, representing the Hindu side, contended that ASI protected monuments didn’t come under the purview of the 1991 Act, the CJI said the issue was still pending. Jain defended the high court’s order adding the Centre and ASI as parties to the case.

On behalf of the committee, advocate Tasneem Ahmadi contended that amendment of petition changed the nature of the suit negating its defence taken in written statement.

She said the high court’s order went against the top court’s December 12, 2024 order barring civil courts across India from registering fresh suits challenging the ownership and title of any place of worship. The top court had also restrained courts from ordering surveys of disputed religious places till further orders and asked them not to pass any effective interim orders in pending suits.

“When you take the defence relying upon a particular Act, they (Hindu side) are entitled to amend the plaint…,” the CJI told Ahmadi, pointing out that since the mosque committee was relying upon the Places of Worship Act, 1991 in its defence, the other side was entitled to implead the Centre and ASI.

“Prima facie the order to that extent appears to be correct in accordance with law, because when you are amending the plaint, you are not going into the merits,” the bench told Ahmadi.

The Supreme Court, on January 10, favoured combining 15 lawsuits related to the Mathura Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The Hindu side seeks to relocate the Shahi Idgah mosque, claiming it was built on part of the 13.37-acre land owned by Shri Krishna Janmabhoomi Trust. They demand a fresh trial by the high court, similar to the Babri Masjid-Ram Janmabhoomi title dispute case.

Uttar Pradesh