Supreme Court Suggests Idgah Masjid Committee Should Have Appealed to HC Division Bench Over Mathura Dispute
NEW DELHI: The Supreme Court on Friday expressed its prima facie view that the Shahi Masjid Idgah management committee should have first appealed the Allahabad High Court’s August 1 order before a division bench, rather than approaching the Supreme Court directly. The appeal concerns the maintainability of multiple suits filed by Hindu parties, claiming the disputed Mathura premises as the birthplace of Sri Krishna.
The masjid committee had challenged the order of a single judge of the Allahabad High Court, which ruled that 15 suits filed by Hindu parties asserting their right to the Idgah site as the birthplace of Sri Krishna were maintainable. The judge had ordered that these suits be combined for a joint trial.
The masjid committee had argued that the suits were time-barred, as they were filed nearly 50 years after an agreement was reached between the two communities to maintain their respective religious activities in designated areas for the mosque and the Sri Krishna Janmasthan temple. Additionally, the committee had invoked the Places of Worship (Special Provisions) Act, 1991, arguing that the Act prohibits any change in the religious character of a place of worship after August 15, 1947.
During Friday’s hearing, Chief Justice Sanjiv Khanna and Justice Sanjay Kumar suggested that the masjid committee should have challenged the single judge’s order before the Allahabad High Court’s division bench, rather than directly approaching the Supreme Court. This view was aligned with the argument presented by the counsel for the Hindu parties.
However, given the complex historical nature of the dispute, the bench agreed with the masjid committee’s counsel, Tasneem Ahmadi, that the issue required detailed scrutiny. The matter has been scheduled for further arguments on December 9, with the court having previously directed both parties to submit written submissions on whether the issue should be addressed through an intra-court appeal before the High Court.
