Today, on November 5th, the Supreme Court of India reviewed the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, scheduling a follow-up in two weeks. Both parties must submit arguments on suit maintainability following a dispute over a 1968 agreement regarding the mosque’s existence. The court will examine the applicability of the Letters Patent Appeal Act amid objections from the Mosque Committee, with historical and religious implications at stake.
New Delhi: The Supreme Court today, on Nov 5th, reviewed the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, setting a date two weeks ahead to revisit the issue. The apex court instructed both parties to submit a “written synopsis” summarizing their arguments concerning the maintainability of the suits filed by the Hindu side.
This hearing arises from the Mosque Committee’s objection to the August 1 Allahabad High Court order, which upheld the legitimacy of 18 lawsuits filed by Hindu groups, representing the deity Lord Krishna, disputing the 1968 agreement allowing the mosque to exist on the alleged birthplace of Krishna. The Supreme Court bench, consisting of Justices Sanjiv Khanna and Sanjay Kumar, sought clarity on whether Section 10 of the Letters Patent Appeal Act should be applicable here, permitting an intra-court appeal against the Allahabad HC’s ruling on Order 7 Rule 11 of the Civil Procedure Code (CPC).
During the hearing, Advocate Tasneem Ahmadi, representing the Mosque Committee, argued that the Letters Patent Appeal Act had been repealed in Uttar Pradesh and thus “the Allahabad High Court does not have letters patent jurisdiction.” However, Justice Khanna countered that the rejection of an Order 7 Rule 11 CPC plea is not an order of superintendence but an original judgment. Justice Khanna suggested Ahmadi review specific rules of the Allahabad High Court to support her position.
Additionally, the court addressed the broader background of the conflict, involving the historical Shahi Eidgah Mosque situated adjacent to the Krishna Janmabhoomi temple in Mathura. The mosque’s existence is contested by Hindu litigants who assert that the 1968 agreement between the Shahi Masjid Eidgah Trust and the Shri Krishna Janmasthan Seva Sansthan (temple management) was fraudulent and invalid. These groups argue for their “right to worship” at the contested site and have sought the mosque’s removal.
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In May 2023, the Allahabad High Court transferred all Mathura court cases regarding this dispute to itself, citing the “seminal public importance” of the issue, affecting communities beyond religious boundaries. The Supreme Court will address this transfer’s validity separately from other aspects of the case, denying a request from Advocate Vishnu Shankar Jain (representing the Hindu side) to combine these hearings.
This high-stakes case, involving contentious claims of historical significance and religious rights, will continue in the Supreme Court in two weeks, with both sides submitting their arguments on suit maintainability. The decision will set the course for future proceedings on this longstanding legal and cultural conflict.
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