Today, On 28th April, In the Krishna Janmabhoomi–Shahi Idgah dispute, the Supreme Court upheld the High Court order allowing the Hindu side to amend their plea, stating, “One thing is clear, amendment must be allowed,” while hearing the Muslim side’s appeal.
New Delhi: The Supreme Court stated on Monday that the Allahabad High Court’s order in the Shahi Idgah – Krishna Janmabhoomi case, which permitted the Hindu plaintiffs to amend their plaint and include the Archaeological Survey of India (ASI) as a party, is prima facie correct.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar made this observation while hearing the appeal from the Muslim side challenging the High Court’s decision.
The Bench remarked,
“One thing is clear. The amendment to the original plaint by the Hindu plaintiffs has to be allowed,”
The Hindu plaintiffs had approached the High Court with a new argument asserting that the disputed structure is designated as a protected monument under the ASI, and that the provisions of the Places of Worship Act would not apply to such a monument. They contended that, as a result, it could not be used as a mosque.
Consequently, they sought to add the ASI as a party to the case, which the High Court approved in March of this year, prompting the Muslim side to appeal to the Supreme Court.
On April 4, the apex court had issued a notice to the Hindu parties regarding the appeal from the Muslim side.
During today’s hearing, the Supreme Court indicated that the Muslim side’s plea appears to be misguided.
The top court stated,
“This plea is absolutely wrong. The High Court should have allowed the amendment to add the parties to the suit,”
The Court ultimately granted the Muslim side additional time to file its written statement and postponed the hearing.
Initially, the Hindu side approached the High Court with a request to include the Archaeological Survey of India (ASI) as a party to the case and to amend their original plaint. They asserted that the mosque had been designated as a protected monument by a 1920 notification from the Lieutenant Governor of the United Province, issued under Section 3 of the Ancient Monument Preservation Act.
Consequently, they argued that the Places of Worship Act, 1991, would not apply in this case, meaning the site could not be used as a mosque. The Places of Worship Act aims to preserve the status of all religious structures as they were on August 15, 1947, preventing courts from hearing cases that dispute the character of such places of worship.
This law was enacted during the peak of the Ram Janmabhoomi movement to secure the status of all religious sites as they existed at independence.
The Muslim side opposed the Hindu parties’ amendment application, claiming it attempted to undermine their defense based on the Places of Worship Act.
The Muslim side contended,
“The proposed amendments show that the Plaintiffs are attempting to negate the defense taken by the Defendant that the Suit is barred by the Places of Worship Act, 1991, by setting up a new case. The Plaintiffs are amending their Plaint to try and wriggle out of the defense taken by the defendant that the suit is barred under the Places of Worship Act, 1991,”
Nevertheless, on March 5, the High Court permitted the Hindu side to amend their plea and add the ASI as a party to the case, prompting the Muslim side to appeal to the Supreme Court.
The dispute regarding the structure originated when the Hindu plaintiffs filed a suit in civil court, claiming that the Shahi Idgah Masjid (mosque) was built on land identified as Krishna Janmabhoomi.
The civil suit was brought forward on behalf of the Hindu deity Bhagwan Shri Krishna Virajman and several Hindu devotees, who sought the mosque’s removal from its current location.
The plaintiffs further asserted that various indications suggested the Shahi Idgah Mosque was originally a Hindu temple, leading them to request the High Court to appoint a commissioner to inspect the site.
Initially, a civil court dismissed the main suit in September 2020, citing the Places of Worship Act, 1991, as a barrier to admitting the case. However, this decision was later set-aside by the Mathura District Court in May 2022, which ruled that the suit was maintainable.
The matter was subsequently transferred to the High Court in 2023.
An appeal by the Muslim side to the Supreme Court challenges the Allahabad High Court’s order that allowed the Hindu side to consolidate the suits and transfer them from civil court to the High Court. The Supreme Court is also reviewing an appeal against a recent Allahabad Court ruling that deemed 18 suits related to the Krishna Janmabhoomi-Shahi Idgah Masjid dispute maintainable.
In December of the previous year, the Supreme Court directed all courts in the country not to issue any effective orders or conduct surveys regarding existing religious structures in cases that dispute their religious character.
The Court noted that the Places of Worship (Special Provisions) Act of 1991 explicitly prohibits the initiation of such suits, which cannot proceed until the validity of the 1991 law is determined. This order was issued in a separate case challenging the law’s validity, resulting in a stay to effective orders in disputes, including the Shahi Idgah case.
Case Title: Committee Of Management Trust Shahi Masjid Idgah Versus Devta Bhagwan Shri Krishna Lala Virajman Next Friend And Ors