New Delhi: The Supreme Court on Monday observed that the Allahabad High Court’s order allowing the Hindu side to amend their plaint and add the Archaeological Survey of India (ASI) as a party in the Shahi Idgah-Krishna Janmabhoomi dispute is prima facie correct.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar made the remarks while hearing the appeal filed by the Muslim side challenging the High Court’s decision.
“One thing is clear. The amendment to the original plaint by the Hindu plaintiffs has to be allowed,” the Bench remarked during the proceedings.
The Hindu parties had approached the High Court seeking to amend their original suit by claiming that the disputed structure was a protected monument under the ASI and, therefore, the protection under the Places of Worship (Special Provisions) Act, 1991 would not apply.
Consequently, they argued, the structure cannot continue as a mosque. They also sought to make ASI a party to the suit, which the High Court permitted in March 2024.
The Muslim side then approached the Supreme Court against this order.
Earlier, on April 4, the apex court had issued notice to the Hindu side on this appeal.
When the matter was taken up for hearing today, the Court observed that the Muslim side’s plea appeared “misconceived,” with the Bench remarking, “This plea is absolutely wrong. The High Court should have allowed the amendment to add the parties to the suit.”
The Court, however, granted time to the Muslim side to file their written statement and deferred further hearing.
In their plea before the High Court, the Hindu side asserted that a 1920 notification issued by the Lieutenant Governor of the United Province had declared the structure a protected monument under Section 3 of the Ancient Monument Preservation Act.
They argued that because of this historical status, the Places of Worship Act, 1991, which protects the status of religious places as they existed on August 15, 1947, would not apply.
The Muslim side opposed the amendments, arguing that the Hindu plaintiffs were attempting to “wriggle out” of the bar imposed by the Places of Worship Act by introducing new claims.
“The proposed amendments show that the Plaintiffs are attempting to negate the defence taken by the defendant that the suit is barred by the Places of Worship Act, 1991,” they argued.
The Allahabad High Court on March 5 allowed the amendment and the addition of ASI as a party, prompting the appeal before the Supreme Court.
The original dispute traces back to a civil suit filed by the Hindu side claiming that the Shahi Idgah mosque was constructed on the Krishna Janmabhoomi land. The suit was filed on behalf of the deity Bhagwan Shri Krishna Virajman and some Hindu devotees seeking removal of the mosque.
Initially, the civil court had dismissed the suit in September 2020, citing the bar under the Places of Worship Act.
However, the Mathura District Court reversed this decision in May 2022, holding that the suit was maintainable. Subsequently, the matter was transferred to the High Court in 2023.
Meanwhile, the Supreme Court is also considering appeals against related orders, including the Allahabad High Court’s decision allowing consolidation of 18 related suits and their transfer to the High Court.
It is pertinent to note that the apex court had, in December last year, directed courts across India not to pass any effective orders or surveys in suits disputing the religious character of existing structures, until the validity of the Places of Worship Act, 1991 is decided.
This order was issued in connection with a separate case challenging the constitutional validity of the 1991 Act.
Thus, no effective orders have been passed by lower courts, including in the Shahi Idgah matter, pending the Supreme Court’s final decision on the 1991 Act.
UNI
