The Supreme Court on Monday said that the Allahabad High Court’s decision to allow the Hindu side to amend their petition and add the Archaeological Survey of India as a party in the Shahi Idgah–Krishna Janmabhoomi dispute was prima facie correct.
The bench of Chief Justice of India Sanjiv Khanna and Justice P.V. Sanjay Kumar made this observation while hearing the Muslim side’s appeal against the High Court’s order.
“One thing is clear. The amendment to the original plaint by the Hindu plaintiffs has to be allowed,” the bench remarked during the hearing.
Background of the Dispute
The Hindu side had approached the Allahabad High Court seeking to amend their original lawsuit by adding a claim that the Shahi Idgah Mosque is actually a protected historical monument under the Archaeological Survey of India (ASI). They argued that the Places of Worship Act, 1991 — which protects the status of religious places as they existed in 1947 — would not apply in this case if the structure was a protected monument. Therefore, according to them, it could not continue to function as a mosque.
In March 2024, the Allahabad High Court allowed this amendment and agreed to add ASI as a party to the case. This led the Muslim side to file an appeal before the Supreme Court.
Supreme Court Remarks
Court observed that the Muslim side’s objections to the amendment seemed “absolutely wrong,” and upheld the High Court’s decision to permit changes to the Hindu side’s petition. However, the Court also granted time to the Muslim side to file a written response and deferred further hearing.
Arguments by Both Sides
The Hindu side had claimed that a 1920 notification under the Ancient Monuments Preservation Act had already declared the site as a protected monument. Therefore, they said, the protections under the Places of Worship Act would not apply.
The Muslim side opposed this, arguing that the Hindus were trying to “wriggle out” of the defence based on the Places of Worship Act by setting up a new case through amendments.
Initially, a civil court in Mathura had dismissed the Hindu side’s suit in 2020, saying it was barred under the Places of Worship Act. However, in 2022, the Mathura District Court allowed the suit to proceed, and the case was later transferred to the Allahabad High Court in 2023.
Larger Context
The Krishna Janmabhoomi-Shahi Idgah dispute concerns claims that the Shahi Idgah Mosque was built on the birthplace of Lord Krishna. Hindu plaintiffs have filed multiple suits seeking removal of the mosque. The Supreme Court is also considering other appeals related to the consolidation of several suits and their transfer to the High Court.
Meanwhile, the top court had earlier directed that no courts in India should pass effective orders or allow surveys regarding religious structures until the validity of the Places of Worship Act, 1991 is finally decided.
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