SC hints at an intra-court appeal in Shahi Idgah case

The Supreme Court on Friday expressed a tentative view that an intra-court appeal before a division bench of the Allahabad high court could be the appropriate forum to challenge the maintainability of 18 suits filed by Hindu litigants in the Krishna Janmabhoomi-Shahi Idgah dispute.

While fixing December 9 for a detailed hearing, a bench comprising Chief Justice of India Sanjiv Khanna and justice PV Sanjay Kumar observed: “We have to decide what is the legal position though prima facie we feel that probably intra-court appeal is permissible.” It, however, was quick to clarify that its view was provisional and subject to further arguments from the mosque management committee during the next hearing.

The observations came as the mosque management committee, which has challenged the August 1 ruling by a single judge bench of the Allahabad high court allowing the suits to proceed, argued that the high court’s order was supervisory in nature and should not be subject to further appeals within the same court.

But the bench had remarked during the previous hearing on November 5 that the high court had acted in an original capacity in this matter, and intra-court appeals might be allowed under its rules.

The ongoing legal tussle pertains to the Mughal-era Shahi Eidgah mosque in Mathura, which Hindu groups claim was built on the site of a temple marking the birthplace of Lord Krishna. The 18 suits filed by Hindu litigants seek the removal of the mosque and restoration of the temple. The August 1 ruling by a single judge bench of the Allahabad high court had allowed these suits to continue, a decision contested by the mosque management committee.

In the earlier hearing on November 5, the bench hinted that not all issues in the case might need immediate resolution by the apex court if some could be dealt with through an intra-court appeal. The bench had asked the mosque committee’s counsel, advocate Tasneem Ahmadi, to explore whether provisions under the Allahabad high court rules allowed for such an appeal and to submit a note on the maintainability of the matter.

The Supreme Court is also seized of a challenge to another order by the Allahabad high court that transferred all 18 suits to itself from the civil courts in Mathura. That May 26 order, along with subsequent directions permitting a survey of the mosque premises were opposed by the mosque management committee and the Uttar Pradesh Sunni Waqf Board. The apex court, in January 2024, stayed the survey order, calling the plea for a survey “very vague” and noting that significant legal issues required scrutiny.

The Hindu plaintiffs in the case argue that the mosque, located adjacent to the Krishna Janmabhoomi temple, stands on land that was once the site of a Hindu temple. They also seek to overturn a 1968 compromise between the mosque committee and Shri Krishna Janmasthan Seva Sangh, which affirmed the mosque’s presence.

The mosque management committee, however, contends that the suits are barred under the Places of Worship (Special Provisions) Act, 1991, which preserves the religious character of places of worship as they existed on August 15, 1947, except for the Ayodhya dispute.