On October 30, the Supreme Court disclosed that the Allahabad High Court's registry provided pertinent records for Krishna Janmabhoomi-Shahi Eidgah Mosque dispute cases.
Justices Sanjay Kishan Kaul and Sudhanshu Dhulia are presiding over a special leave petition from the mosque committee, contesting the Allahabad High Court's May 2023 order transferring land dispute cases to itself.
Earlier this year, the bench suggested that the high court should handle the matter to prevent confusion from multiple proceedings and prolonged dispute. The court also requested information from the high court registry about the consolidated civil suits transferred from the trial court.
During the last hearing, it was revealed that the Allahabad High Court's registry had not yet sent the necessary information and documents despite the previous order. The Supreme Court, before adjourning the hearing, sternly reminded the High Court's registry to provide the required details about the land dispute. Additionally, Justice Kaul's bench directed the July 21 order to be presented to Chief Justice Pritinker Diwaker for administrative action and summoned the concerned registrar to appear in court the next day.
Today's hearing was postponed because the high court registry submitted its report on October 27. Justice Kaul ordered the proceedings to be postponed until November 10, stating, "This is the problem; nothing was coming from the high court. First, we have to review the documents. The high court's affidavit was filed on Friday, and it's not in the official record. A copy has been provided in court, and we'd like to examine it."
The dispute revolves around the Shahi Eidgah mosque in Mathura, believed to have been constructed during the Mughal emperor Aurangzeb's era. It is alleged to have been built after the demolition of the temple at the birthplace of Sri Krishna.
In 1968, a 'compromise agreement' was reached between the Shri Krishna Janmasthan Seva Sansthan, the temple management authority, and the Trust Shahi Masjid Eidgah, allowing both places of worship to coexist. However, the legitimacy of this agreement is now being questioned by parties involved in Krishna Janmabhoomi-related court cases. These litigants argue that the compromise agreement was fraudulently made and is legally invalid. Many of them assert their right to worship at the disputed site and are seeking the removal of the Shahi Eidgah mosque
In May, the Allahabad High Court assumed jurisdiction over all the pending suits in the Mathura court related to the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute. This transfer was permitted based on the application submitted by Bhagwan Shrikrishna Virajman and seven others. In the operative part of the order issued by Justice Arvind Kumar Mishra, a single-judge bench noted:
"Considering that approximately 10 suits are claimed to be pending in the civil court, and there may be more pending suits on the same matter that have made no progress for the past two to three years, and given that the issue has significant public importance affecting a wide range of people, transcending various communities, it is entirely justified to transfer all the suits related to this issue from the civil court to this Court under Section 24(1)(b) of the CPC."
The mosque committee has filed a challenge to this transfer order in the Supreme Court.
In a related development, the Supreme Court declined to consider a request made by the Shri Krishna Janmabhoomi Mukti Nirman Trust for a scientific survey of the Shahi Eidgah Masjid premises. This decision leaves all matters regarding the ongoing land dispute to be resolved by the Allahabad High Court. Furthermore, the High Court recently dismissed a public interest litigation (PIL) seeking recognition of the disputed site as Krishna Janmabhoomi and the removal of the mosque. The High Court's decision was based on the existence of several pending suits related to declarations, injunctions, rights to worship at the site, and the removal of the structure.
TAGS: Apex court Shri Krishna Janmabhoomi Mukti Nirman Trust scientific survey Shahi Eidgah Masjid premises land dispute Allahabad High Court
