The Hindu side alleges that the Shahi Idgah mosque was built during Aurangzeb’s rule after demolishing a Hindu temple at the site. They seek the removal of the mosque and the full restoration of the Krishna temple at the location.
Prayagraj, March 19: The Allahabad High Court has asked the Muslim side to respond to a plea related to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura.
The next hearing in this case is scheduled for April 3.
The Hindu side has filed the plea under Order 1 Rule 8 of the Code of Civil Procedure (CPC). This legal provision allows a case to be contested in a representative capacity on behalf of all plaintiffs.
The matter is being heard by Justice Ram Manohar Narain Mishra. On March 5, the court had already allowed an amendment application submitted by the Hindu side.
Through this amendment, the Hindu side argued that the disputed property is a centrally protected monument under the supervision of the Archaeological Survey of India (ASI). Therefore, they sought to include this fact in the case and also to make ASI a defendant for proper adjudication.
However, the Muslim side opposed the plea, arguing that a party cannot be added as a respondent through an amendment application.
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In response, Justice Mishra ruled:
“The amendment application in question may be treated to be filed under Order 6 Rule 17 and Order 1 Rule 10(2) CPC as a composite application. The prayer for amendment in pleadings and impleadment of new party distinctly have already been made in the application.”
The court further clarified:
“No new prayer has been made in the prayer clause. In my considered opinion, neither nature of suit in case of change nor a new cause of action is being introduced or any new relief is prayed for in proposed amendment.”
“On allowing amendment application, interest of defendant can be said to be affected in such manner that cannot be compensated by costs. The proposed amendment is necessary for effective adjudication of real controversy in the matter and also to avoid multiplicity of suit.”
Background of the Dispute
So far, the Hindu side has filed 18 suits seeking:
- Possession of the disputed land
- “Removal” of the Shahi Idgah mosque structure
- Restoration of the Krishna temple
- A permanent injunction against any further modifications
On August 1, 2024, the high court dismissed a plea by the Muslim side, which challenged the maintainability of these suits. In this ruling, the court held that:
- The suits are not barred by the Limitation Act
- They do not violate the Waqf Act
- They do not contravene the Places of Worship Act, 1991, which prohibits changing the religious character of places as they existed on August 15, 1947
Later, on October 23, 2024, the high court dismissed another plea by the Shahi Idgah mosque committee. The mosque committee had requested the court to recall its January 11, 2024 order, which consolidated all suits related to this dispute into a single case.
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Key Claims of the Hindu Side
The Hindu side alleges that the Shahi Idgah mosque was built during Aurangzeb’s rule after demolishing a Hindu temple at the site. They seek the removal of the mosque and the full restoration of the Krishna temple at the location.
