SC Allows Plea On Combining Lawsuits In Mathura Temple-Mosque Dispute To Be Raised Later

The Supreme Court of India on Friday indicated that a petition challenging the Allahabad High Court’s decision to consolidate 15 lawsuits filed by Hindu petitioners in the Mathura Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute could be addressed at a later date.

A bench consisting of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar expressed a preliminary view in favor of the High Court’s order to combine the lawsuits, stating that this decision seemed to benefit both parties involved.

On January 11, 2024, the Allahabad High Court ruled that the 15 lawsuits, arising from an application filed by the Hindu plaintiffs, should be consolidated “in the interest of justice.” This move aimed to streamline the process, saving time and resources for both the court and the parties involved.

The Supreme Court, during its hearing on Friday, noted that it is already dealing with a matter related to the 1991 law on places of worship and questioned why it should intervene in the consolidation of lawsuits at this time. Chief Justice Khanna reassured the lawyer for the mosque committee that, if necessary, they could revisit the plea at a later stage.

In another significant development, the Supreme Court, on December 12, 2023, issued a restraint preventing lower courts from entertaining new lawsuits or issuing any interim or final orders concerning the reclamation of religious sites, particularly mosques and dargahs, until further directions.

The bench was responding to concerns raised by the Committee of Management Trust Shahi Masjid Idgah, which argued that the lawsuits were not of the same nature and should not have been consolidated. The lawyer representing the mosque committee warned that consolidating dissimilar cases could lead to complications.

However, the bench dismissed these concerns, stating that the consolidation was beneficial as it would help avoid multiple proceedings. “No complications at all… it is in your benefit and theirs also as multiple proceedings are being avoided,” the Chief Justice remarked. He also pointed out that there was no need to interfere with the consolidation decision, emphasizing that the matter would continue to be heard and the consolidation would not make a significant difference in the proceedings. The Supreme Court decided to adjourn the matter, asking for the plea to be relisted in the week starting April 1, 2025.

Previously, the Supreme Court dealt with this issue on March 19, 2024, when it disposed of a plea challenging the High Court’s order. The latest petition, heard on Friday, was a fresh interim application filed against this earlier decision. The Hindu plaintiffs had requested the consolidation of the cases, arguing that several lawsuits filed after the original suit in September 2020 pertained to the same 13.37-acre plot of land.

The Allahabad High Court had justified its consolidation order, stating that the suits were similar in nature and should be heard together to save time, reduce costs, and prevent conflicting judgments. The top court’s involvement in this case follows its January 29, 2024, order, which extended an interim stay on a High Court order for a court-monitored survey of the Shahi Idgah Mosque complex. This survey was part of the ongoing dispute, with the Hindu petitioners claiming there were indications that the mosque had previously been a temple.

In addition, on January 16, 2024, the Supreme Court stayed the Allahabad High Court’s December 14, 2023, order allowing a survey of the Shahi Idgah Mosque. The Supreme Court has made it clear that the ongoing proceedings before the High Court will continue, including those related to the maintainability of the lawsuit under the Civil Procedure Code (CPC).

Moreover, the Supreme Court is also reviewing a petition filed by the mosque committee challenging the Allahabad High Court’s May 26, 2023, order to transfer all matters related to the dispute to itself. This follows a request by the Hindu plaintiffs for the High Court to conduct the original trial, similar to the approach taken in the Babri Masjid-Ram Janmabhoomi title dispute.

The legal battle over the Sri Krishna Janmabhoomi-Shahi Idgah Masjid continues to attract significant attention, with both sides seeking resolution on a matter that has deep historical and religious significance.

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