Allahabad HC: Upholds Maintainability of Suits in Mathura Temple-Mosque Dispute

The Allahabad High Court recently dismissed pleas challenging the maintainability of multiple suits related to the contentious issue of the Shahi Idgah Masjid and the claimed birthplace of Lord Krishna. The suits, filed by several Hindu parties, assert that the mosque was constructed over a Hindu temple, considered to be the birthplace of Lord Krishna. The Shahi Idgah Masjid Committee had filed applications under Order 7 Rule 11 of the Civil Procedure Code, 1908, to dismiss these suits, arguing they were barred under various laws. However, Justice Mayank Kumar Jain dismissed these applications, allowing the suits to proceed.

Court’s Decision:

• Maintainability of Suits: The court held that all 18 suits filed by the Hindu parties were maintainable.
• Key Arguments by Shahi Idgah Masjid Committee:
  • The Committee contended that the suits were barred by the Places of Worship (Special Provisions) Act, 1991, which prohibits altering the status of any place of worship as it existed on the day of India’s Independence (15 August 1947).
  • The suits were also argued to be barred under the Limitation Act, 1963, and the Specific Relief Act, 1963.
• Court’s Ruling: The High Court rejected the arguments put forth by the UP Sunni Central Waqf Board and the Committee of Management Trust Shahi Masjid Idgah (Mathura), thereby allowing the proceedings to continue.

Upcoming Proceedings

• The matter has been scheduled for further hearing on 12 August 2024.
• The court may consider evidence and arguments regarding the historical and religious significance of the disputed site, as well as the applicability of various legal provisions such as the Places of Worship Act, 1991.