Supreme Court to Examine New Argument in Krishna Janmabhoomi-Shahi Idgah Dispute
The long-running dispute over the Krishna Janmabhoomi and Shahi Idgah Masjid in Mathura has taken a new turn, with the Supreme Court agreeing to examine a fresh argument presented by the Hindu side.
The Hindu parties are now claiming that the Shahi Idgah structure is a protected monument under the Archaeological Survey of India (ASI) and, therefore, cannot be used as a mosque.
A Supreme Court bench comprising Chief Justice of India (CJI) Sanjiv Khanna, Justice PV Sanjay Kumar, and Justice K.V. Viswanathan issued a notice to the Hindu side in response to an appeal filed by the Muslim side. The Muslim side was challenging an earlier Allahabad High Court order that allowed the Hindu side to amend their original case and include the ASI as a party.
During the hearing, the Supreme Court made the following observations:
• ASI Status: “As far as the question whether the ASI protected place can be used as a mosque is pending before us. We had stated that no effective interim order be passed and you never told this to the High Court. This will have to be dealt with in other matter on merits.”
• Amendment of Case: The Supreme Court noted that the Allahabad High Court’s decision to allow the Hindu side to amend their case appeared correct at first glance. The court stated, “You have the right to amend plaint and implead parties. No parties retrospective or not is a separate issue. They can also amend the plea and raise the issue in replication that places of worship act will not apply. That is why impugned order appears to be correct. It’s not a new case. He is entitled to challenge it when you raise a new defense.”
The Supreme Court has decided to hear this case along with other related cases on April 8.
Background:
The Hindu side had requested the Allahabad High Court to allow them to add the ASI as a party and amend their original plea. Their argument was that a 1920 notification by the Lieutenant Governor of the United Province, under Section 3 of the Ancient Monument Preservation Act, declared the mosque area a protected monument. They contended that because of this, the Places of Worship Act, 1991, which protects the religious character of places as they were in August 1947, would not apply, and the site could no longer be used as a mosque.
The Muslim side opposed this, arguing that the amendment was an attempt to circumvent their defense based on the Places of Worship Act, 1991.
However, on March 5, the Allahabad High Court allowed the Hindu side to amend their case and include the ASI. This decision was then challenged by the Muslim side in the Supreme Court.
The original case was filed by the Hindu side, claiming that the Shahi Idgah Mosque was built on the birthplace of Lord Krishna (Krishna Janmabhoomi). They requested the removal of the mosque, citing signs indicating it was built over a Hindu temple.
In September 2020, the civil court initially dismissed the suit under the Places of Worship Act. However, the Mathura District Court later allowed the suit to proceed in May 2022, and the case was moved to the Allahabad High Court in 2023.
The Supreme Court is also hearing other related appeals, including one against the Allahabad High Court’s order to transfer and club all related suits.
Notably, in December 2024, the Supreme Court had directed all courts to refrain from passing any orders or conducting surveys in religious disputes that question the religious character of a place, pending a decision on the validity of the Places of Worship Act, 1991.