Key Points
- The Supreme Court has upheld the Allahabad High Court’s decision allowing Hindu petitioners to amend their suit in the Krishna Janmabhoomi–Shahi Idgah mosque dispute, including adding the Centre and Archaeological Survey of India (ASI) as parties.
- The Hindu side argues the Shahi Idgah mosque is a centrally protected monument under ASI, making the Places of Worship Act, 1991 inapplicable.
- The Muslim side contends that these amendments fundamentally alter the case and weaken their legal position, but the Supreme Court rejected their objections.
- The inclusion of the Centre and ASI is likely to increase both the legal complexity and sensitivity of the Mathura dispute.
- The Supreme Court will also examine broader issues regarding the applicability of the Places of Worship Act to this and similar disputes.
New Delhi: In a significant development in the long-running Krishna Janmabhoomi–Shahi Idgah mosque dispute in Mathura, the Supreme Court on Monday affirmed the Allahabad High Court’s decision to allow the Hindu side to amend their original suit. This amendment enables the inclusion of the Central Government and the Archaeological Survey of India (ASI) as official parties to the case, a move that is expected to add both legal complexity and national sensitivity to the proceedings.
What Was Decided?
A bench led by Chief Justice of India Sanjiv Khanna ruled there was “nothing wrong” with the High Court’s March 5 order permitting the amendments. The Hindu petitioners had argued that the Shahi Idgah mosque is a centrally protected monument under the ASI, and therefore, the Places of Worship Act, 1991-which maintains the religious status of sites as of August 15, 1947-should not apply in this case.
The Muslim side, represented by the Committee of Management, Trust Shahi Masjid Idgah, opposed the amendment, arguing it fundamentally changed the nature of the original suit and undermined their legal defense. However, the Supreme Court rejected these objections, stating, “The amendment to the original plaint by the Hindu plaintiffs has to be allowed”.
Background and Implications
The dispute centers on the historical site in Mathura, believed by Hindu litigants to be the birthplace of Lord Krishna. The Shahi Idgah mosque, built during Mughal emperor Aurangzeb’s reign, is alleged by the Hindu side to have been constructed after demolishing a temple at the site.
The inclusion of the Centre and ASI as parties means that both the government and the country’s top archaeological authority will now be directly involved in the legal proceedings. This is likely to increase both the sensitivity and the legal complexity of the case, as arguments will now also focus on the status of the site as a protected monument.
Legal Context: Places of Worship Act, 1991
A central issue in the dispute is whether the Places of Worship Act, 1991 applies to the Shahi Idgah mosque. The Act prohibits changing the religious character of any place of worship as it existed on August 15, 1947. The Hindu side contends that since the mosque is a protected monument under the ASI, the Act does not apply, while the Muslim side argues the opposite.
The Supreme Court has agreed to examine these contrasting arguments in detail in upcoming hearings, alongside other petitions concerning the Act’s constitutional validity and implementation.
The Supreme Court’s endorsement of the Allahabad High Court’s decision marks a significant step in the Krishna Janmabhoomi–Shahi Idgah dispute, strengthening the Hindu side’s legal position and bringing the Centre and ASI into the heart of the case. The move is expected to influence the future course of one of India’s most sensitive and closely watched religious disputes.
