The Supreme Court on Monday deferred hearing on a petition filed by the Muslim side, challenging the Allahabad High Court order, which permitted the Hindu side to amend their plaint and add the Archeological Survey of India (ASI) as a party in the Shahi Idgah-Krishna Janmabhoomi matter.
The Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar orally observed that the amendment to the original plaint by the Hindu plaintiffs was prima facie correct.
The Hindu side approached the High Court with a new claim that the disputed structure was a protected monument under the ASI, and the protection of Places of Worship Act would not apply to such a monument. Consequently, it could not be used as a mosque, they argued, while seeking the addition of ASI as a party to the case.
The Allahabad High Court allowed the appeal on March 5, 2025, following which the Muslim side moved the Apex Court.
Terming the petition as absolutely wrong and misconceived, the Bench today granted time to the Muslim side to file its written statement and deferred the hearing.
On April 4, the top court of the country issued notice to the Hindu parties on the appeal filed by the Muslim side.
While pointing out that it had refused to pass an interim order during its previous hearing, the Bench had berated the Muslim side for not apprising the High Court about the Apex Court’s decision.
This has to be dealt with in other matter on merits, it noted, adding that the verdict passed by the High Court allowing the Hindu side’s amendment application seemed to be prima facie correct.
The Hindu side moved the High Court claiming that an ASI-protected place could not be used for worship as a mosque, and the Places of Worship Act would not apply to such a structure.
They claimed that the mosque was declared as a protected monument by a 1920 notification issued by the Lieutenant Governor of the United Province under Section 3 of the Ancient Monument Preservation Act.
The place could not be used as a mosque, they argued.
The Places of Worship Act seeks to protect the status of all religious structures as it stood on the date of independence (August 1947) by barring courts from entertaining cases which raise dispute over the character of such places of worship.
The law, which was introduced during the height of the Ram Janmabhoomi movement, seeks to protect the status of all religious structures as it stood on the date of independence by barring courts from entertaining cases which raises dispute over the character of such places of worship.
The Muslim side opposed the amendment plea by Hindu parties, claiming that it was an attempt to negate the defence taken by the Muslim side based on the Places of Worship Act.
They said the proposed amendments showed that the plaintiffs were attempting to negate the defence taken by the defendant that the suit was barred by the Places of Worship Act 1991 by setting up a new case. The plaintiffs were amending their complaint, to try and wriggle out of the defence taken by the defendant that the suit was barred under the Places of Worship Act, 1991, they added.
On March 5, the High Court allowed the Hindu side’s application and permitted them to amend their plea and also add ASI as a party to the case.
The post Supreme Court defers hearing in Shahi Idgah Krishna Janmabhoomi case appeared first on India Legal.