Mathura row: Supreme Court defers hearing on plea of mosque panel against impleading Centre, ASI

The Allahabad High Court on March 5, 2025 allowed amendments to two lawsuits and permitted petitioners to make Centre's Ministry of Home Affairs (MHA) and the Archaeological Survey of India (ASI) as respondents.

The Supreme Court on Monday deferred the hearing on a plea of the mosque committee against a high court order allowing Hindu litigants to implead Centre and the Archaeological Survey of India in the Mathura Krishna Janmabhoomi-Shahi Idgah dispute.

The Allahabad High Court on March 5, 2025 allowed amendments to two lawsuits and permitted petitioners to make Centre’s Ministry of Home Affairs (MHA) and the Archaeological Survey of India (ASI) as respondents. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar observed prima facie, there was nothing wrong in allowing the amendment of the lawsuit and replies to the amended plaint could be filed.

The bench, however, deferred the hearing on the plea of the Committee of Management, Trust Shahi Masjid Idgah, Mathura and tagged it with other pending cases relating to the dispute. The mosque committee made ”Devta Bhagwan Shri Krishna Lala Virajman next friend” nine others including ”Dev asthan Shri Krishna Janam Bhoomi” and Hari Shankar Jain as parties. The mosque committee said the amendment fundamentally altered the nature of the original suit filed by the Hindu litigants, who claimed rights over the site of Shahi Masjid Eidgah, alleging it to be the birthplace of Lord Shri Krishna. Over 15 suits from different plaintiffs are pending regarding the same property, raising overlapping and competing claims, it said.

The high court order permitting the amendment undermined its defense already on record and effectively allowed the plaintiffs to set up a new case, the committee argued. The plea said the high court, while allowing the amendment, also allowed impleading ASI and MHA, without any formal application under the Civil Procedure Code, or establishing they were necessary parties to the suit. On April 4, the top court issued notices on a separate plea of the mosque committee against the Allahabad High Court consolidating all suits of the Hindu side in relation to the Mathura Krishna Janmabhoomi-Shahi Idgah dispute.

The high court on October 23, last year, rejected an application of the Committee of Management, Trust Shahi Masjid Idgah seeking the recall of its January 11 order which consolidated all suits of the Hindu side in the case. The mosque committee moved the high court after the top court on March 19, last year, asked it to first seek the recall of the order consolidating the lawsuits there. The high court on August 1, 2024, ordered the framing of issues but no issues have been framed so far. The controversy is related to Mughal emperor Aurangzeb-era Shahi Idgah mosque at Mathura which the Hindu side claims has been built after demolishing a temple at the birthplace of Lord Krishna.