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Mathura Dispute: SC Postpones Hearing on Mosque Committee's Plea
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The Supreme Court of India has deferred a hearing regarding the Mathura Krishna Janmabhoomi-Shahi Idgah dispute, specifically focusing on a challenge by the mosque committee against a prior order from the Allahabad High Court. The High Court's order had allowed Hindu litigants to include the Central government and the Archaeological Survey of India (ASI) as parties in the ongoing case.

The bench, comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, observed that, upon initial review, there appeared to be no inherent issue with permitting the amendment of the lawsuit. They noted that replies to the amended plaint could be duly filed. However, the bench decided to postpone the hearing on the plea filed by the Committee of Management, Trust Shahi Masjid Idgah, Mathura, and consolidate it with other pending cases related to the same dispute.

This legal contention arises from the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura, where Hindu litigants assert their rights over the site of the Shahi Masjid Eidgah, claiming it to be the birthplace of Lord Krishna. The mosque committee, on the other hand, contests this claim. The Allahabad High Court, on March 5, 2025, granted permission for amendments to two lawsuits, enabling the petitioners to include the Ministry of Home Affairs (MHA) and the ASI as respondents in the case.

The mosque committee raised concerns that the High Court's order, which allowed the amendment, undermined their defense that was already on record. They argued that it effectively allowed the Hindu plaintiffs to establish a new case. The committee further asserted that the High Court permitted the inclusion of the ASI and MHA without a formal application under the Civil Procedure Code or demonstrating that they were necessary parties to the suit.

Additionally, the mosque committee argued that the amendment fundamentally altered the nature of the original suit filed by the Hindu litigants. They claimed that over 15 suits from different plaintiffs are currently pending, all concerning the same property, which raises overlapping and competing claims.

Notably, on April 4, 2025, the Supreme Court had issued notices regarding a separate plea from the mosque committee against the Allahabad High Court's decision to consolidate all suits from the Hindu side related to the Mathura Krishna Janmabhoomi-Shahi Idgah dispute.

The historical backdrop of this dispute traces back to the Mughal emperor Aurangzeb era, involving the Shahi Idgah mosque in Mathura. The Hindu side claims that the mosque was constructed after demolishing a temple at the birthplace of Lord Krishna.

During the recent hearing, the Supreme Court bench orally remarked that the mosque committee's plea appeared to be incorrect and that the High Court was justified in allowing the amendment to add parties to the suit. The court allowed the Muslim side time to file its written statement and deferred the hearing, tagging it with other pending cases related to the dispute.

The Hindu side, in its amendment application, stated that the property in question is included in the list of centrally protected monuments under the provisions of The Ancient Monuments and Archaeological Sites and Remains Act, 1958. They asserted that the provisions of this Act are applicable to the property.

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