The Supreme Court has set December 9, 2024, at 2 PM for a detailed hearing of petitions related to the Krishna Janmabhoomi-Shahi Idgah dispute.
Chief Justice Sanjiv Khanna and Justice Sanjay Kumar postponed the matter, citing a lack of time, and emphasized the need for an extended session to address the legal complexities involved.
The central question is whether an intra-court appeal against the rejection of a petition under Order 7 Rule 11 of the Civil Procedure Code (CPC) is maintainable in the Allahabad High Court. This provision allows a court to dismiss a suit if the plaint itself shows the case is barred by law.
The appeal stems from an August 1, 2024, order by the Allahabad High Court, which dismissed the Shahi Idgah Masjid committee’s plea under Order 7 Rule 11 CPC. The committee had argued that 18 suits seeking the mosque’s removal were barred by the Places of Worship Act, 1991. However, the High Court ruled the suits maintainable, allowing them to proceed on their merits.
Three special leave petitions are currently under consideration.
The first, filed by the Shahi Eidgah Mosque Committee and the Uttar Pradesh Sunni Central Waqf Board, challenges the High Court’s May 2023 order transferring all pending suits in the Mathura court to the High Court. The second, submitted by the Mosque Committee, opposes the December 2023 High Court order allowing the appointment of a court commissioner to inspect the Shahi Idgah Mosque. Notably, the Supreme Court had previously stayed the implementation of the inspection order, with the stay being extended in subsequent hearings.
The dispute centers on the Shahi Eidgah mosque in Mathura, alleged to have been constructed during Mughal emperor Aurangzeb’s reign by demolishing a temple at Lord Krishna’s birthplace.
In 1968, a compromise agreement allowed the mosque and the Shri Krishna Janmasthan temple to coexist. However, recent legal challenges claim the agreement was fraudulent and invalid. Plaintiffs argue the mosque should be removed to restore the sanctity of the site, asserting their right to worship there.
In May 2023, citing the broader public significance of the case, the Allahabad High Court consolidated and assumed jurisdiction over multiple related suits. This move was contested by the mosque committee and the Uttar Pradesh Sunni Central Waqf Board in the Supreme Court.
The Supreme Court will first address the issue of the intra-court appeal on December 9. Other aspects, such as the validity of the inspection order, will be considered subsequently.