Maharani Lakshmi Bai of Jhansi is a "national hero" and history should not be divided on "communal politics", the Delhi high court said on Wednesday while pulling up the Shahi Idgah managing committee for making "scandalous pleadings" in its plea against installation of her statue inside the Shahi Idgah Park at Sadar Bazar in New Delhi.
The Supreme Court of India has extended its stay on a court-monitored survey of the Shahi Idgah Mosque complex in Mathura, which is located adjacent to the Krishna Janmabhoomi temple. The court deferred the hearing on a plea against the survey to April 1, while the interim order staying the survey will continue to operate. The Hindu side claims that the mosque complex holds signs of a temple that once existed at the site, while the Muslim side contends that the lawsuits filed by the Hindu litigants violate the Places of Worship (Special Provisions) Act of 1991.
The Supreme Court of India will hear a plea from the mosque management committee challenging an order rejecting its petition in the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura, Uttar Pradesh on January 15. The Allahabad High Court had rejected the mosque committee's plea, stating that the religious character of the Shahi Idgah mosque needed to be determined. The case involves claims that the mosque was built after the demolition of a temple, a claim disputed by the mosque committee. The Supreme Court will now decide on the maintainability of the mosque committee's plea.
The court said the modalities of the survey will be discussed at the next hearing on December 18.
The Supreme Court refused to stay Allahabad high court's December 14 order which allowed the primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi Temple in Uttar Pradesh's Mathura by a court-monitored three-member team of advocate commissioners.
The objections against the suit were raised by the management committee of the mosque and the Uttar Pradesh Sunni Central Waqf Board.
The apex court rejected an appeal challenging a July 10 decision of the Allahabad high court which had also dismissed the plea finding no error or illegality in the order of a Mathura civil judge who had decided to first hear the issue of maintainability of the suit as raised by management committee of the mosque.
The Act prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947.
The Supreme Court on Friday refused to stay the proceedings before the Allahabad high court on suits related to the Sri Krishna Janambhoomi-Shahi Idgah dispute, saying it will not be fair to interfere with the high court order without hearing both the sides.
Samajwadi Party leader and Kairana MP Iqra Choudhary has moved the Supreme Court seeking effective implementation of the Places of Worship (Special Provisions) Act, 1991. This move comes amidst several petitions challenging the law's validity, including those filed by the Akhil Bhartiya Sant Samiti and lawyer Ashwini Upadhyay. The Supreme Court, in December 2022, had restrained all courts from examining fresh suits and passing interim orders in pending cases seeking to reclaim religious places. The Act aims to maintain the religious character of places of worship as they existed on August 15, 1947, but the dispute relating to Ram Janmabhoomi-Babri Masjid at Ayodhya was kept out of its purview. The court has listed Choudhary's plea with other pending pleas for February 17.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar also indicated that it may not take up the pending scheduled petitions, heard earlier by a three-judge bench, during the day as it was sitting in a combination of two judges.
"Interim orders wherever granted shall continue. Re-list in first half of April, 2024," the bench said in its order and directed the parties to complete the pleadings by then.
The Akhil Bharatiya Tirath Purohit Mahasabha and the Mathur Chaturved Parishad pleaded to be made respondents in the case. They said the suit for the removal of the mosque should not be allowed as it is detrimental to communal harmony in the country, according to their counsels.
The Hindu litigants claim the mosque holds signs suggesting that it was a temple once.
A bench of Justices Sanjiv Khanna and Dipankar Datta stayed the implementation of the December 14, 2023, order by which it had agreed to the appointment of a court commissioner to oversee the survey of the mosque premises which, the Hindu side claims, hold signs suggesting that it was a temple once. However, the apex court made it clear that proceedings before the high court in the dispute including the maintainability of the suit under Order 7 Rule 11 of the Civil Procedure Code (CPC) will continue.
Commencing hearing on pleas challenging the constitutionality of the Places of Worship Act, 1991, the Supreme Court asked the Centre to reply to cross-pleas against or seeking implementation of statute.
The Committee of Management, Shahi Jama Masjid, moved the high court challenging the suit and the Sambhal court order which directed the survey through an advocate commissioner.
During the hearing on Tuesday, the bench said it has not received the information from the high court yet.
The Supreme Court on Friday agreed to hear an appeal of the Gyanvapi management committee against an Allahabad High Court order which held that lawsuits for "restoration" of a temple where the mosque stands in Varanasi are maintainable.
The Supreme Court's 2023 order refusing to stay a scientific survey at the Gyanvapi Mosque complex has sparked claims over several other disputed places of worship across India. This has led to several court cases, including one in Mathura where a survey of the Shahi Idgah Mosque complex was ordered, and another in Ajmer where a claim was made that a Shiva temple existed within the dargah of Sufi saint Moinuddin Chishti. The article also highlights a dispute over the Bhojshala in Madhya Pradesh, which Hindus consider a temple and Muslims consider a mosque. The Supreme Court's order has reignited debates about the Places of Worship (Special Provisions) Act, 1991, which prohibits the change of character of religious places as they existed on August 15, 1947.
The hearing of the civil suit filed in a Mathura court seeking ownership of the entire 13.37 acres of Krishna Janmabhoomi land has been adjourned till December 10, after the plaintiff in the case, Shri Krishna Janmabhoomi Trust, failed to appear before the court on Wednesday.
The Places of Worship Act is 'An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August 1947, and for matters connected therewith or incidental thereto'.
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