Allahabad HC Allows Impleadment Of Mathura's Idgah Mosque As Defendant In Suit Claiming Aurangzeb Engraved Hindu Idols On Masjid Staircases

In this suit, the plaintiffs claim that Mughal Emperor Aurangzeb demolished the Katra Keshdev Temple temple in 1670, looted valuable gold and diamond ornaments, and placed the holy Dev Vigrah over the stairs of Jama Masjid in Agra, then the capital of the Mughal empire. The suit also seeks the removal of the Shahi Eidgah mosque.

Before the Court, the applicant (Shahi Masjid Idgah Mathura Mosque through Secretary Tanveer Ahmad) argued that it is a necessary and proper party in the suit as the claims of the plaintiffs have no basis and no such type of valuable idols or statues are lying beneath the mosque or at its platform or staircases.

For that reason, it was argued that the applicant should be allowed to stand before the Court so that proper and effective adjudication of the case may be done; otherwise, the applicant's interests will be jeopardised and seriously affected.

On the other hand, opposing this application, the plaintiff argued that since Aurangzeb was inimical to the Hindu religion and the said valuable ornaments of the Dev Vigrah were buried in the stairs of Begam Sahiba Masjid at Agra, the Shahi Masjid Idgah, Mathura, should not be entitled to be made a party in the suit.

Against the backdrop of these submissions, a bench of Justice Ram Manohar Narayan Mishra observed that since the applicant is a contesting defendant in most of the suits and has been contesting himself in most of the suits effectively, it should be impleaded as a defendant in suit no. 3 as well.

“The applicant though not a necessary party but is a person whose presence will enable the court completely effectively and adequately to adjudicate upon all matters in dispute in the suits. Therefore, the applicant is a "proper party" in the suit and is liable to be impleaded as a party in the suit,” the single judge remarked as it allowed the application.

Further, the court also directed the plaintiffs to move necessary amendment in the plaint to implead the applicant as a party as defendant in the suit within a week.

Advocates Tasneem Ahmadi and Nasiruzzaman appeared for Shahi Masjid Idgah Mathura. Advocate Manoj Kumar Singh appeared for the ASI.

Case title - Thakur Keshav Dev Ji, Maharaj Virajman Mandir Katra Keshavdev And 2 Others vs. Union Of India And 3 Others