sc-to-hear-krishna-janmabhoomi-case-mathura-in-november

The Supreme Court of India has scheduled a hearing for November on the ongoing legal dispute concerning Mathura’s Krishna Janmabhoomi.

The case involves the Committee of Management Trust Shahi Masjid Idgah, which is challenging an order from the Allahabad High Court that dismissed their plea regarding the lawsuits filed by Hindu devotees.

On Tuesday, Justices Sanjiv Khanna and Sanjay Kumar of the Supreme Court addressed the plea and asked whether the mosque committee could appeal the High Court’s decision before a division bench. The court has asked the committee's counsel to seek instructions on this matter, and the next hearing is set for November 1.

The dispute centres around the maintainability of various lawsuits initiated by Hindu devotees who claim that the Shahi Masjid Idgah, a mosque in Mathura, is situated on the site of Lord Krishna’s birthplace.

The Committee of Management Trust Shahi Masjid Idgah had previously sought to dismiss these suits, arguing that they were barred by several laws, including the Limitation Act and the Places of Worship Act.

During the Supreme Court proceedings, the petitioner’s lawyers argued that the Allahabad High Court's August 1 decision was flawed.

They claimed that the High Court improperly combined pleadings from different suits into a single judgement, leading to a dismissal of their applications under Order VII Rule 11 of the Code of Civil Procedure (CPC). This rule allows for the rejection of plaints if they are legally unsustainable.

The mosque committee’s legal team, led by advocate Tasneem Ahmadi, is challenging this decision, asserting that the High Court failed to consider the specific legal barriers to each suit individually.

The committee has also sought an interim stay on the High Court's order pending the Supreme Court's review.

This legal battle has been ongoing and involves multiple petitions and suits filed across different courts. One notable case, filed by Ranjana Agnihotri, demands the removal of the Shahi Idgah mosque, which was allegedly constructed in 1669-70 by Mughal Emperor Aurangzeb on the site of a Hindu temple.