299 Sep 24, 2024 at 18:03

The Krishna Janmabhoomi-Shahi Eidgah Dispute: Supreme Court to Hear Mosque Committee’s Plea Against HC Judgment

The Krishna Janmabhoomi-Shahi Eidgah Mosque dispute has now escalated, with the Mosque Committee approaching the Supreme Court to challenge the decision of the Allahabad High Court. The case pertains to the controversial issue of the Shahi Eidgah Mosque, which stands on a site believed to be the birthplace of Lord Krishna. The dispute has drawn attention due to its historical and religious significance and the involvement of multiple parties seeking various forms of relief.

The High Court, in its judgment dated August 1, 2024, upheld the maintainability of several suits filed by Hindu devotees, which were dismissed by the Mosque Committee on the grounds of being unsubstantiated. This matter, now in the apex court, will be scrutinized carefully, according to the judges, given the sensitivities and complexities involved.

Allahabad High Court Judgment Challenged

  • The Mosque Committee approached the Supreme Court, challenging the Allahabad High Court’s order upholding the maintainability of 18 suits filed by Hindu worshippers and the deity (Lord Krishna).
  • A bench comprising Justices Sanjiv Khanna and Sanjay Kumar noted that the case “will require consideration,” adding, “We can’t decide it at the admission stage itself. It will require some time.”
  • The court rejected the Mosque Committee’s plea under Order 7 Rule 11 CPC.

Court’s Observations

  • Justice Khanna emphasized that the case was intricate, noting, “This is a suit, it’s not going to be decided in 15 days or 1 month.”
  • The Mosque Committee had argued that the Allahabad High Court dismissed its challenge prematurely and without considering the legal basis of the suits filed by the Hindu side.

Case Developments

  • The proceedings in the civil suits, including the filing of affidavits and documents, will continue. However, Justice Khanna made it clear that “no cross-examination shall take place” until further orders.
  • The Court also sought clarity on whether Section 10 of the Letters Patent Appeal Act was applicable in this case, noting that an intra-court appeal might lie against the impugned judgment.
  • The matter is listed for the week commencing November 4, 2024.

Background of the Dispute

  • The controversy is linked to the Shahi Eidgah Mosque built during the rule of Mughal Emperor Aurangzeb, allegedly over a Hindu temple marking the birthplace of Lord Krishna.
  • In 1968, a “compromise agreement” was struck between the Shri Krishna Janmasthan Seva Sansthan (temple authority) and the Trust Shahi Masjid Eidgah, permitting both places of worship to function. However, the validity of this agreement has been questioned.
  • Hindu litigants have claimed that the compromise was fraudulent, with some seeking the mosque’s removal.

Allahabad HC’s Transfer Order

  • In May 2023, the Allahabad High Court consolidated several pending suits concerning the disputed site, transferring them to itself from the Mathura Court.
  • Later, in December 2023, the High Court appointed a court commissioner to inspect the Shahi Eidgah Mosque, an order which was challenged by the Mosque Committee.
  • The Supreme Court had earlier stayed the Allahabad High Court’s order regarding the inspection of the mosque, with the stay being extended in January 2024.

Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors. | SLP(C) No. 20074-20088/2024

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