In a significant development in the ongoing Krishna Janmabhoomi-Shahi Idgah dispute, the Supreme Court on Tuesday directed the Muslim parties to consider an appeal to the Allahabad High Court against a recent single-judge decision. This decision had dismissed their petition challenging the maintainability of 18 related cases. Justices Sanjiv Khanna and Sanjay Kumar have postponed the hearing to November 4, providing time for the Muslim parties to reassess their legal options.
During the proceedings, Senior Advocates Madhavi Divan and Vishnu Shankar Jain, representing the Hindu side, urged the apex court to vacate its earlier stay on the Allahabad High Court’s order, which had appointed a court commissioner to survey the Idgah complex. However, the bench noted that the case presents multiple legal complexities requiring comprehensive examination and chose to defer any immediate decisions.
The controversy primarily revolves around the August 1 ruling by the Allahabad High Court, which was challenged by the Muslim parties. The high court had ruled that the “religious character” of the Shahi Idgah, situated adjacent to the Krishna Janmabhoomi temple, must be determined, dismissing claims that the Hindu litigants’ suits violated the Places of Worship (Special Provisions) Act, 1991.
Justice Mayank Kumar Jain of the Allahabad High Court had clarified that the disputed site’s religious character as of August 15, 1947, would need to be established through both documentary and oral evidence from the involved parties. He also concluded that the cases were not barred by any legal provisions, including those under the Wakf Act, 1995, and the Places of Worship Act, 1991.
The Supreme Court’s stay on the high court’s December 14, 2023, order remains in effect. This order had initially permitted a court-monitored survey of the mosque complex, raising tensions over the historical and religious significance of the site. The Hindu claimants argue that the mosque was built over a demolished temple, a contention that requires judicial examination of historical evidence.
