In the Krishna Janmabhoomi-Shahi Idgah dispute, the Allahabad High Court has allowed a civil suit to proceed as a representative case, permitting the plaintiffs to represent all devotees of Lord Krishna in the legal proceedings.
In the ongoing dispute of the Krishna Janmabhoomi–Shahi Idgah dispute in Mathura, the Allahabad High Court has permitted a civil suit to advance as a representative case, allowing the plaintiffs to act on behalf of all devotees of Lord Krishna.
The suit, designated as Original Suit No. 17 of 2023 (OSUT 17/2023), was filed by Bhagwan Shri Krishna (Thakur Keshav Dev Ji Maharaj) as a juridical entity, along with four others, who assert that the Shahi Idgah mosque in Mathura is built on the birthplace of Lord Krishna.
The Bench, led by Justice Ram Manohar Narayan Mishra, heard the arguments.
The plaintiffs are seeking the removal of the Idgah structure and permission to construct a grand temple at the disputed location.
To facilitate this, the plaintiffs submitted an application under Order 1 Rule 8 of the Code of Civil Procedure (CPC), asking the court to allow them to represent all Krishna devotees in this case.
Advocates Ajay Kumar Singh and Tejas Singh argued the application. On July 18, Justice Ram Manohar Narayan Mishra approved the application, officially allowing the plaintiffs to pursue the suit on behalf of all worshippers of Lord Krishna.
The court instructed that a public notice be published in a national newspaper within 15 days to inform interested parties and invite any objections.
The judge acknowledged that there are many devotees across India and worldwide who share the plaintiffs’ interest in safeguarding the Janmabhoomi, and permitting the suit to proceed in a representative capacity would help avoid multiple litigations on the same issue.
This means the case can advance as a “judgment in rem,” making the final decision binding on everyone, not just the parties involved, but also on all Krishna devotees and members of the Muslim community throughout India.
This case is part of a broader legal struggle over the Mathura site, with a total of 18 civil suits filed regarding the Krishna Janmabhoomi dispute. Earlier this year, the court consolidated 15 of these suits, designating Suit No. 1 of 2023 as the lead case.
However, OSUT 17/2023 and two others were not grouped with the rest, as they sought to proceed under the special provisions for representative suits.
The plaintiffs contend that the Shahi Idgah mosque, managed by the Anjuman Islamia Committee (Defendant No. 1), is an “unauthorised superstructure” built during Mughal rule over the original temple site. They also claim that religious symbols from the earlier temple are still visible on the Idgah walls and argue that the structure does not qualify as a valid mosque under Islamic law.
The defendants vehemently opposed the application, asserting that they do not represent the entire Muslim community in India and cannot be included in a suit on behalf of a religious group.
The court acknowledged these objections and partially allowed the plaintiffs’ request to sue in a representative capacity, clarifying that the entire Muslim community cannot be made parties to the suit, and only the named defendants can be sued.
The next hearing is set for August 22, 2025, by which time the plaintiffs are expected to publish the required notice and initiate necessary amendments to the suit.
Case Title: Bhagwan Shri Krishna Virajman and 4 Ors vs. Anjuman Islamia Committee Of Shahi Masjid Idgah And 7 Ors
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