Krishna Janmabhoomi Case | Mosque Committee Moves Supreme Court Against Allahabad HC Upholding Maintainability Of Suits

In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Mosque Committee has approached the Supreme Court with pleas challenging Allahabad High Court's upholding of the maintainability of suits filed by the Hindu side.

A bench of Justices Sanjiv Khanna and Sanjay Kumar heard the matter today, taking note of the Mosque Committee's grievance against the High Court judgment dated August 1, whereby its plea under Order 7 Rule 11 CPC challenging the maintainability of 18 suits preferred by the deity (Lord Krishna) and Hindu worshippers was dismissed.

At the outset, Justice Khanna expressed, "This matter will require consideration. We can't decide it at the admission stage itself. It will require some time. This is a suit, it's not going to be decided in 15 days, or 1 month."

However, a counsel for the respondents raised a preliminary objection, contending that an intra-court appeal would lie against the impugned judgment.

Senior Advocate Madhavi Divan (appearing for the plaintiffs) submitted that the they are not able to proceed further because of the Court's stay. However, on this aspect, Justice Khanna reminded that the Court ordered a stay only on the Commission (for inspection of the Mosque).

"The execution of the commission has been stayed. Are you saying that without the commission, your suit will be dismissed?" the judge posed. To this, Divan replied in the negative.

Ultimately, Justice Khanna clarified that till the next date, proceedings can continue in the suit, in the form of issues, documents and filing of affidavits. However, no cross-examination shall take place.

Before parting, the parties were asked to examine if Section 10 of the Letters Patent Appeal Act, providing for intra-court appeal, is applicable to the case. The matter has been listed in the week commencing November 4.

Background

The controversy is related to Mughal emperor Aurangzeb-era Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.

In 1968, a 'compromise agreement' was brokered between the Shri Krishna Janmasthan Seva Sansthan, which is the temple management authority, and the Trust Shahi Masjid Eidgah allowing both places of worship to operate simultaneously. However, the validity of this agreement has now been doubted by parties seeking various forms of relief in courts with respect to Krishna Janmabhoomi. The litigants' contention is that the compromise agreement was made fraudulently and is invalid in law. Claiming a right to worship at the disputed site, many of them have sought the Shahi Eidgah mosque's removal.

In May, 2023, the Allahabad High Court transferred to itself all suits pending before the Mathura Court praying for various reliefs pertaining to the dispute.

"...Looking to the fact that as many as 10 suits are stated to be pending before the civil court and also there 25 should be more suits that can be said to be pending and issue can be said to be seminal public importance affected the masses beyond tribe and beyond communities having not proceeded an inch further since their institution on merits for past two to three years, provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this Court under Section 24(1)(b) CPC."

This transfer order was challenged in the Supreme Court by the mosque committee, and later by the Uttar Pradesh Sunni Central Waqf Board.

In December, 2023, the High Court allowed a plea seeking the appointment of a court commissioner to inspect the Shahi Eidgah Mosque. The order was passed on an Order 26 Rule 9 CPC application filed by the deity (Bhagwan Shri Krishna Virajman) and 7 others. In a challenge brought by the Mosque Committee, the Supreme Court stayed the implementation of the order in January, 2024. Subsequently, this stay was extended.

Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors. | SLP(C) No. 20074-20088/2024

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