The Supreme Court of India on Friday agreed to hear a new claim raised by Hindu parties in the ongoing Krishna Janmabhoomi-Shahi Idgah dispute, asserting that the disputed mosque structure is a protected monument under the Archaeological Survey of India (ASI) and therefore cannot be used as a mosque.
The matter was heard by a Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar, which issued notice to the Hindu side on an appeal filed by the Muslim parties. The appeal challenged a March 5 order of the Allahabad High Court, which had allowed the Hindu parties to amend their suit and add ASI as a party.
“As far as the question of 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 matters on merits,” the top court said.
HIGH COURT’S ORDER AND SUPREME COURT’S INITIAL VIEW
The High Court order permitted the Hindu parties to amend their original plaint to argue that the Places of Worship (Special Provisions) Act, 1991 does not apply to the structure, since it was declared a protected monument in a 1920 notification issued under the Ancient Monuments Preservation Act.
The Supreme Court, at this stage, appeared to agree with the procedural correctness of the High Court’s order:
“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 Court remarked.
The Court scheduled the matter for further hearing on April 8, 2025, along with other related cases concerning the Krishna Janmabhoomi site.
HINDU SIDE’S CLAIM: PROTECTED MONUMENT STATUS
The Hindu parties had earlier approached the High Court seeking to add ASI as a party and amend their plaint. They argued that the Shahi Idgah Mosque was built over Krishna Janmabhoomi land and that it was declared a protected monument in 1920, rendering it ineligible to be used as a mosque.
They contended that the Places of Worship Act, 1991, which maintains the religious character of places as they existed in August 1947, does not apply to ASI-protected monuments.
MUSLIM SIDE’S OPPOSITION
The Muslim side, led by the Committee of Management Trust Shahi Idgah, strongly opposed the amendment, claiming it amounted to introducing an entirely new case.
“The proposed amendments show that the Plaintiffs are attempting to negate the defence taken by the Defendant that the Suit is barred by the Places of Worship Act, 1991 by setting up a new case,” they argued before the High Court.
Despite these objections, the Allahabad High Court allowed the amendment, stating:
“Let amendment be incorporated in the plaint within a month. The defendant may file additional written statement within two weeks of incorporation of proposed amendment by plaintiffs.”
This decision was challenged in the Supreme Court, leading to the current proceedings.
CASE BACKGROUND
The Krishna Janmabhoomi dispute involves a civil suit filed by Hindu devotees on behalf of Bhagwan Shri Krishna Virajman, seeking the removal of the Shahi Idgah Mosque from what they claim to be the birthplace of Lord Krishna.
Initially dismissed in September 2020 under the bar imposed by the Places of Worship Act, the case was revived by the Mathura District Court in May 2022, which held that the suit was maintainable. The case was later transferred to the High Court.
The Hindu side also sought a court-appointed commissioner to inspect the disputed site, claiming there is architectural and historical evidence that the Idgah was constructed over a temple.
LEGAL COMPLEXITY: MULTIPLE APPEALS PENDING
The Supreme Court is currently hearing several connected matters:
- An appeal by the Muslim side challenging the High Court’s transfer of suits from civil courts to the High Court.
- An appeal against the Allahabad High Court’s ruling deeming 18 similar suits maintainable.
- A pending constitutional challenge to the validity of the Places of Worship Act, 1991, which prohibits suits altering the religious character of places of worship as they stood in 1947.
- In December 2023, the apex court had directed all courts to refrain from passing effective orders or surveys in such disputes until the constitutional validity of the 1991 Act is decided.
“The Places of Worship (Special Provisions) Act of 1991 expressly prohibits institution of such suits and the same cannot proceed until the validity of the 1991 law itself is decided,” the Court had held in a separate matter.
WHAT’S NEXT?
The Supreme Court will hear the matter on April 8, 2025, where it is expected to weigh in on whether the ASI’s protection status exempts the disputed site from the Places of Worship Act, and if the amendments made by the Hindu side alter the legal standing of the ongoing suits.
