Supreme Court To Hear Krishna Janmabhoomi-Shahi Idgah Cases On December 9

Today, when the matter came up, the bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar relisted it due to paucity of time. The CJI remarked that the matter would require a long hearing and that it would be appropriate to schedule it for December 9.

"This we will hear at length, we will take it up on December 9, at 2PM. We have to decide what is the legal position though prima facie I feel that probably intra-court appeal will be (inaudible) .... we will certainly give you an opportunity to argue."

The main issue before the Court is whether an intra-court appeal against rejection of a petition under Order 7 Rule 11 CPC is maintainable before the Allahabad High Court.

Order 7 Rule 11 provides for the rejection of plaint by the Court where the suit 'appears from the statement in the plaint to be barred by any law'.

The present intra-court appeal in question is with regards the August 1 order of the Allahabad High Court which dismissed the plea of Shahi Idgah Masjid filed under Order 7 Rule 11 CPC. This plea challenged the maintainability of 18 suits filed by the deity and Hindu worshippers seeking the removal of the Shahi Idgah. The mosque committee argued that the suits were barred by the Places of Worship Act.

As per the August 1 order, all 18 suits were held to be maintainable and could be heard on merits.

Notably, apart from the main issue, three other special leave petitions have also been filed. 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 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.

Today, when Advocate Vishnu Shankar Jain for the respondents asked the Court if the issue of intra-court appeal relating to the order of appointment of commissioner be heard with the main issue, the Court stated, " Once we pass that order (on the main issue) then that (remaining aspects) can be disposed of"

On the last hearing, the bench had extended till November the stay on the order of the High Court for the inspection of the Shahi Eidgah Mosque by a Court Commissioner.

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 challenged in the fresh suits 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