Shahi Eidgah mosque Mathura: SC agrees to hear Muslims' challenge

New Delhi: The Supreme Court agreed on Friday to hear Muslims' plea challenging Allahabad High Court, allowing the Archeological Survey of India and the Centre to be parties in the Mathura Shahi-Eidgah Masjid dispute. The court, which said that the High Court order was prima facie correct, posted to hear the Muslims’ challenge on April 8, Live Law reported.

On Friday, the mosque committee represented by advocate Tasneem Ahmadi moved a fresh plea challenging the high court’s March 5 order that allowed fresh parties as defendants in the case. The Hindu claimants had argued that the dispute doesn’t fall under the Places of Worship Act, 1991, and the dispute must be adjudicated under the Ancient Monuments Act, 1904, The Telegraph reported.

The Places of Worship Act prohibits any change in the character of a place of worship except the Ram Janmabhoomi site in Ayodhya.

On Friday, Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar and Justice K V Viswanathan observed that both the high court and the Hindu side are entitled to amend the petition under the Civil Procedure Code, and the high court or civil court can direct any party to be added as plaintiff or defendant in a suit.

However, the CJI noted that the high court had gone against the December 12 order of the top court by allowing the amendment application by the Hindu side. On December 2, the SC had decided that in all pending suits related to places of worship, including those on the survey, courts should not pass interim orders. However, the SC also pointed out that the mosque committee never contested the interim order before the high court or SC.