Krishna Janmabhoomi Case | Supreme Court Extends Stay On HC Order For Inspection Of Shahi Eidgah Mosque Till November

In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court today extended till November the stay on the order of the High Court for the inspection of the Shahi Eidgah Mosque by a Court Commissioner.

A bench of Justices Sanjiv Khanna and Sanjay Kumar was hearing three special leave petitions. Two of these were filed by the Shahi Eidgah Mosque Committee and the Uttar Pradesh Sunni Central Waqf Board challenging a May, 2023 order of the Allahabad High Court, whereby it transferred to itself a batch of suits pending over the dispute in Mathura court.

The third was filed by the Mosque Committee challenging a December, 2023 order passed by the Allahabad High Court allowing the appointment of a court commissioner to inspect the Shahi Eidgah mosque.

Advocate Vishnu Shankar Jain (on behalf of the deity and Hindu worshippers) urged that the matter has become infructuous as the Allahabad High Court recently dismissed a plea filed by the Mosque Committee under Order 7 Rule 11 CPC challenging the maintainability of 18 suits preferred by the deity (Lord Krishna) and Hindu worshippers.

For context, the High Court rejected the contention that the suits were barred by the Places of Worship Act 1991, Limitation Act 1963, and Specific Relief Act 1963 and held that all 18 suits were maintainable, paving the way for them to be heard on merits.

The Supreme Court however disagreed that the matters hav become infructuous and adjourned the matter till November, saying that the Allahabad High Court order on O7R11 CPC application will have to be gone into. The interim order, whereby the Court stayed the 2023 order allowing the appointment of a Court commissioner for inspection of the Shahi Eidgah Mosque, was continued.

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 Idgah 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 January, 2024, the Supreme Court stayed the implementation of the order. Subsequently, this stay was extended.

Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors. | Special Leave Petition (Civil) No. 14275 of 2023 

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