The Supreme Court on Wednesday expressed its inclination to send a dispute over which Hindu party should lead the litigation in the Krishna Janmabhoomi-Shahi Idgah mosque controversy back to the Allahabad High Court for fresh determination.
A bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva noted that the high court had designated one specific Hindu party as the representative of all Lord Krishna devotees without issuing formal notices to the other plaintiffs involved in the matter. Observing procedural irregularities, the apex court indicated that the issue should be remanded back to the high court and scheduled the next hearing for September 2.
High Court Flawed In Procedure Without Notice To All Parties
During the proceedings, the bench pointed out that the application before the high court sought different relief and that all plaintiffs had not been given notice before the decision was taken. Senior Advocate Shyam Divan, representing a section of the Hindu litigants, also requested the bench to send the matter back to the high court so the lead suit issue could be decided anew.
The apex court also noted that during a prior hearing, legal counsel had informed the bench off the record that informal discussions were taking place among the various Hindu plaintiffs to resolve which lawsuit ought to be treated as the primary case.
Contest Over Lead Plaintiff Status
The apex court was reviewing a challenge filed by an aggrieved Hindu party against an Allahabad High Court ruling from July 18 of the previous year. That ruling had allowed an application filed under suit number 17 of 2023, declaring it the representative suit on behalf of all devotees and directing that it be heard and adjudicated first.
The petitioning Hindu party argued before the top court that their lawsuit had originally been treated as the primary action after all civil suits were transferred to the high court, and that the high court erred by subsequently selecting another plaintiff as the representative face of the litigation.
Broader Legal Context And Pending Proceedings
The procedural dispute forms part of a broader legal battle over the Shahi Idgah mosque complex in Mathura, located adjacent to the Krishna Janmabhoomi temple. Hindu litigants claim that Mughal emperor Aurangzeb constructed the mosque after destroying a temple at the site believed to be the birthplace of Lord Krishna.
More than 20 civil suits originally filed in a Mathura court were transferred to the Allahabad High Court following a May 26, 2023 order, with Hindu plaintiffs requesting an original trial structured similarly to the Ayodhya title dispute. The Supreme Court continues to hear multiple petitions challenging various high court orders, including a January 16, 2024 apex court order that stayed a court-monitored survey of the mosque complex.
