Is Intra Court Appeal Against HC Single Judge Decision In Shahi Masjid Idgah Krishna Janambhoomi Dispute Maintainable: SC Issues Notice In SLP
The Supreme Court, today, issued notice in the latest special leave petitions filed by the Shahi Masjid Idgah Trust challenging the judgment passed by the Allahabad High Court rejecting the petition assailing the maintainability of 18 cases related to the temple-mosque dispute in Mathura and ruling that the “religious character” of Shahi Idgah needs to be determined.
The High Court had recently dismissed the Muslim side’s contention that the suits filed by Hindu litigants relating to the dispute over the Krishna Janmabhoomi temple and the adjacent mosque violated the Places of Worship (Special Provisions) Act -- and were thus not maintainable.
The Bench Justice Sanjiv Khanna and Justice Sanjay Kumar ordered, "Preliminary objection has been raised by the Counsel for the Respondents that the impugned judgment by the single judge would be appealable to an intra court appeal. Learned Counsel appearing for the Petitioner seeks ten days time to examine the said aspect...Issue notice...List in the week commencing November 4."
Advocate Tasneem Ahmadi appeared for the Shahi Masjid Idgah Trust, and Senior Advocate Madhavi Divan and AOR Vishnu Shankar Jain appeared for the Hindu Parties.
The Court also remarked that the matter would require some consideration and, therefore, they cannot decide at the admission stage. Further, the Court asked the parties to find out whether Section 10 of the Letters Patent Act would be applicable in the present case or not.
Previously, the Court issued an official notice in another special leave petition and clarified that it has not stayed the proceedings pending before the Civil Judge, Mathura.
The Supreme Court, on the last date of the hearing, had ordered the continuance of the interim stay on the operation of the Allahabad High Court order for a court-monitored survey of the Shahi Idgah Mosque complex adjoining the Krishna Janmabhoomi temple in Mathura.
Recently, the Allahabad High Court rejected a plea challenging the maintainability of 18 cases related to the temple-mosque dispute in Mathura, and ruled that the “religious character” of Shahi Idgah needs to be determined. The Court dismissed the Muslim side’s contention that the suits filed by Hindu litigants relating to the dispute over the Krishna Janmabhoomi temple and the adjacent mosque violated the Places of Worship (Special Provisions) Act -- and were thus not maintainable.
The Apex Court on January 16 had stayed the operation of the December 14, 2023 order of the Allahabad High Court which allowed a court-monitored survey of the Shahi Idgah Mosque complex. It had also stayed the order of the High Court by which it agreed to the appointment of a court commissioner to oversee the survey of the mosque premises, which the Hindu side claims hold signs suggesting that it was once a temple.
The present Special Leave Petition was filed by Shahi Masjid Idgah challenging the above-mentioned order passed by the Allahabad High Court. It had said there are certain legal issues which have arisen and questioned the "vague" application made before the high court for appointment of a court commissioner for the survey.
The Court had observed, “Legal issues arise for consideration including the question in the light of judgment passed by this Court in Civil Appeal No.9695 of 2013 titled “Asma Lateef & Anr. vs. Shabbir Ahmad & Ors.”…The proceedings before the High Court will continue. However, the commission will not be executed till the next date of hearing.”
The Supreme Court, in March, had also disposed of a fresh plea challenging the Allahabad High Court order consolidating 15 suits related to the present dispute.
The Allahabad High Court had passed an order, allowing the application filed by the deity (Bhagwan Shri Krishna Virajman) and seven others under Order 26 Rule 9 CPC. The High Court had also noted that the appointment of a commission, consisting of three advocates, would not harm either party. The report's effect on the merits of the case is clarified, and the court could issue directions to maintain the sanctity of the property during the commission's execution. In the application filed in the pending suit before the High Court, it was asserted that the birthplace of Lord Sri Krishna is situated beneath the Mosque. The claim emphasized various indications supporting the assertion that the Mosque is, in fact, a Hindu temple.
In September 2023, the Shri Krishna Janambhoomi Mukti Nirman Trust also filed an SLP challenging an order of the Allahabad High Court which refused to direct the trial court to decide an application for a scientific survey of Krishna Janmabhoomi-Shahi Masjid Eidgah premises before disposing of the objections by the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board to its suit. The bench, while dismissing the SLP, had left the questions to be decided upon by the High Court which had transferred all the pending petitions from Mathura Court to itself.
In July 2022, the Allahabad High Court had directed the Civil Judge (Senior Division) of Mathura to expedite and decide within three months, the application for a survey of the Shahi Eidgah and Jahanara's mosque by the Archaeological Survey of India and the objections filed by the Sunni Central Waqf Board in the suit.
Cause Title: Committee Of Management Trust Shahi Masjid Idgah and Ors. v. Bhagwan Shrikrishna Virajman and Ors. (SLP(C) No. 20074 and 20088 of 2024)