The Supreme Court on Monday upheld the Allahabad High Court’s decision to implead the Union Government and the Archaeological Survey of India (ASI) in the suits filed by Hindu worshippers seeking the removal of the Shahi Idgah mosque from the site they claim to be Lord Krishna’s birthplace.
According to The Indian Express, a Bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar observed, “One thing is clear. The amendment to the original plaint by the Hindu plaintiffs has to be allowed,” while hearing an appeal filed by the mosque committee challenging the High Court’s March 5, 2025 order.
The Hindu side had approached the High Court seeking impleadment of the Centre and ASI, arguing that the Shahi Idgah mosque was declared a protected monument under a notification issued on December 27, 1920, under Section 3 of the Ancient Monuments Preservation Act, 1904. They contended that since the property was a centrally protected monument, it would be exempt from the application of the Places of Worship Act, 1991, which mandates maintaining the religious character of places of worship as they existed on 15 August 1947.
Hearing the appeal on Monday, the CJI remarked, “This plea is absolutely wrong… The High Court should have allowed the amendment to add the parties to the suit,” The Indian Express reported. The Supreme Court also noted that it would consider whether the High Court’s order was effective and its impact on the mosque side’s argument seeking rejection of the plaint.
According to Bar and Bench, the Hindu side had initially moved the High Court raising a new claim that the disputed structure was a protected monument under ASI and that the Places of Worship Act would not apply to such a monument. Consequently, they argued, it could not be used as a mosque. Following this, the High Court allowed their application to amend the plaint and add ASI as a party, leading to the appeal before the Supreme Court.
The Muslim side opposed the amendment, arguing that the Hindu plaintiffs were trying to “negate the defence taken by the Defendant that the Suit is barred by the Places of Worship Act, 1991 by setting up a new case,” according to Bar and Bench. They maintained that the amendment was an attempt to sidestep the restrictions imposed by the 1991 Act.
During Monday’s proceedings, the counsel for the Muslim side informed the apex court that they had yet to file their written statement on the amendment plea. The Supreme Court granted them time to file it and deferred the hearing.
Shahi Idgah Mosque-Krishna Janmabhoomi Case
The broader dispute stems from a civil suit filed by Hindu plaintiffs on behalf of the deity Bhagwan Shri Krishna Virajman and Hindu devotees, seeking the removal of the Shahi Idgah mosque, which they claim was built over Krishna Janmabhoomi land. The plaintiffs have argued that several indications show that the mosque is actually a Hindu temple and had requested a commissioner be appointed to examine the site.
The original suit was dismissed by a civil court in September 2020, citing the bar under the Places of Worship Act, 1991. However, the Mathura District Court overturned that decision in May 2022, holding the suit as maintainable. The matter was later transferred to the High Court in 2023.
Additionally, the Supreme Court is hearing appeals related to the Allahabad High Court’s decision to consolidate 18 suits concerning the Krishna Janmabhoomi-Shahi Idgah dispute and to transfer them to the High Court from the civil court.
Meanwhile, in December last year, the Supreme Court had directed courts nationwide not to pass any effective orders or surveys against existing religious structures in disputes over their religious character, pending the outcome of challenges to the validity of the Places of Worship Act, 1991.
