Supreme Court Upholds Impleading Centre, ASI in Mathura Mosque Case

Supreme Court Backs Allahabad High Court Decision

The Supreme Court has decided that the Allahabad High Court was right to allow the Centre and Archaeological Survey of India (ASI) to be part of a legal dispute over the Shahi Idgah mosque in Mathura. This case involves Hindu worshippers who believe the mosque is built on the birthplace of Lord Krishna and want it removed.

Chief Justice Sanjiv Khanna, leading a two-judge bench, stated that the High Court should have allowed the Hindu side to make changes to their original lawsuit to include the Centre and ASI as parties. The Hindu side argued that since the ASI manages the mosque, it should be exempt from the Places of Worship Act 1991, which protects the religious character of places of worship as they were on August 15, 1947.

The Supreme Court acknowledged that this plea was legitimate and affirmed the High Court’s decision. However, the court also plans to examine if the High Court’s order is effective and how it impacts the mosque committee, who want the lawsuit dismissed.

The mosque committee’s lawyer raised concerns about whether the Hindu side’s lawsuit is even valid and whether the High Court has the authority to hear it. They also mentioned that they haven’t yet submitted their official response to the amendment plea.

The Hindu side originally approached the Allahabad High Court to include the ASI and Centre as parties based on a 1920 notification declaring the property a protected monument under the Ancient Monuments Preservation Act. They argued that this status necessitates the inclusion of new information in the case.