SC Endorses Consolidation of Legal Suits Over Mathura Temple-Mosque Land
New Delhi (The Uttam Hindu): The Supreme Court on Friday declined to interfere with a judicial order consolidating multiple lawsuits concerning the Sri Krishna Janmabhoomi-Shahi Eidgah Masjid land dispute in Mathura. The court noted that grouping the cases serves the interests of both parties and minimizes the risk of contradictory rulings.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar observed that consolidating the cases allows for streamlined and centralized adjudication. The court emphasized that procedural orders should not be unnecessarily contested particularly as the broader implications of the Places of Worship (Special Provisions) Act, 1991 are already under examination by the apex court.
"Why should we interfere with the high court's consolidation order? We are addressing the larger issue. Consolidation benefits both sides and avoids conflicting decisions," stated the bench.
The mosque management committee represented by advocate Tasneem Ahamadi argued that consolidation could materially affect the proceedings and sought an adjournment. However, the bench stood firm maintaining that unified proceedings would be advantageous for all parties.
The matter has been adjourned for further hearing in April 2025.
Background of the Dispute
The lawsuits aim to reclaim 13.37 acres of land in Mathura where the Shahi Eidgah Mosque stands adjacent to the Krishna Janmabhoomi Temple. Hindu plaintiffs including the Shri Krishna Janmabhoomi Trust seek to overturn a 1968 compromise between the mosque committee and the Shri Krishna Janmasthan Seva Sangh which permitted the mosque to remain on the site.
The legal battle intensified in 2023 when the Supreme Court began hearing challenges to a May 2023 Allahabad High Court order transferring all suits filed by Hindu parties to itself. The mosque committee opposed this citing financial and logistical difficulties due to the high court's location 600 km from Mathura.
In December 2023, the high court ordered a survey of the mosque premises responding to Hindu plaintiffs’ claims that the mosque contains evidence of its past as a Hindu temple. The Supreme Court stayed this survey in January 2024 citing its vagueness and raising key legal questions. This stay remains in effect.
Places of Worship Act at the Center
The dispute revolves around the Places of Worship (Special Provisions) Act, 1991 which preserves the religious character of all places of worship as they were on August 15, 1947 except for the Ram Janmabhoomi-Babri Masjid dispute.
Hindu petitioners argue the Act hinders redress for historical grievances imposing restrictions on Hindu, Buddhist, Jain and Sikh communities. Conversely, Muslim groups caution that repealing the Act could disrupt communal harmony and challenge India's secular ethos.
The Union government has been directed to clarify its stance on the Act by February 17, 2025. Although the Supreme Court admitted petitions challenging the Act in 2021, the Centre has yet to file a definitive response.
This consolidation decision follows the Supreme Court’s December 2024 directive restraining lower courts from entertaining new suits or ordering mosque surveys related to historical temple sites. This directive aims to address the growing number of legal disputes over sites such as Varanasi’s Gyanvapi Mosque the Shahi Eidgah, and Ajmer Dargah.