New Delhi: The Supreme Court on Tuesday deferred hearing on the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in which the Muslim party has challenged the Allahabad High Court order upholding the maintainability of the suits filed by the Hindu parties.
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar deferred to Nov 4 the hearing on the plea of the Mosque Committee challenging the Allahabad High Court order passed on August 1 which had upheld the maintainability of 18 suits filed on behalf of the deity (Lord Krishna) and Hindu worshippers.
The bench said the case can’t be decided at the admission stage and would require considerable time, not 15 days or one month.
The matter pertains to various suits filed before the Allahabad High Court seeking a declaration that the land measuring 13.37 acres vests in the deity Lord Shree Krishna; that the construction raised by the defendants (Muslim parties) by encroaching upon the land within the Katra Keshavdev be removed and vacant possession be handed over to the Shri Krishna Janmabhoomi Trust.
A single bench of Justice Mayank Kumar Jain of the Allahabad High Court on August 1 after analysing and recording all submissions and contentions dismissed the applications of the Mosque committee holding that the suits involved mixed questions of facts and law regarding the religious character of the disputed property. Thus the matter would require further consideration after examining and appreciating the evidence filed and led by the parties and therefore the suits couldn’t be dismissed and a trial is required to be conducted in the suits.
Challenging the High Court Judgment, the Mosque Committee Represented by the law firm Karanjawala filed a special Leave Petition (SLP) in the Supreme Court.
The Supreme Court neither issued any notice in the petitions nor did it stay the High Court order but clarified that there is no stay on the parties who can go ahead with the proceedings in the Allahabad High Court.
Senior Advocate Madhavi Divan, appearing for the plaintiffs, argued that since there was a stay by the high court, they were not able to proceed in the matter.
Justice Khanna clarified that the High Court had ordered a stay only on the Commission for inspection of the Mosque.
The execution of the commission has been stayed but till the next date, proceedings can continue in the suit, in the form of issues, documents and filing of affidavits. However, Justice Khanna said no cross-examination would take place.
Justice Khanna asked the parties to examine whether section 10 of the Letters Patent Appeal Act, providing for intra-court appeal, applies to the case.
The Court deferred the matter to November 4 and directed that it should be taken up with other similar matters.
The matter pertains to a dispute between the two communities related to the controversy over the Mughal emperor Aurangzeb-era Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.
A compromise was arrived at in 1968, between the Shri Krishna Janmasthan Seva Sansthan, which is the temple management authority, and the Trust Shahi Masjid Eidgah allowing both places of worship to operate simultaneously.
However, the validity of the agreement is now being doubted by parties seeking various forms of relief in courts concerning Krishna Janmabhoomi.
The Hindu parties claim that the compromise agreement was made fraudulently and is invalid in law.
The Hindu parties now claim their right to worship at the disputed site and the removal of the Shahi Eidgah.
About 10 suits were said to be pending before the civil court for the last three years. In May, 2023, the Allahabad High Court transferred to itself all suits pending before the Mathura Court praying for various reliefs pertaining to the dispute.
The transfer order was challenged in the Supreme Court by the mosque committee, and later by the Uttar Pradesh Sunni Central Waqf Board.
In December, 2023, the High Court allowed a plea seeking the appointment of a court commissioner to inspect the Shahi Eidgah Mosque.
The order was passed under Order 26 Rule 9 CPC application filed by the deity (Bhagwan Shri Krishna Virajman) and 7 others.
The Mosque Committee challenged the High Court order and the Supreme Court stayed the implementation of the order in January. Subsequently, this stay was extended.
