New Delhi, Jan 22: The Supreme Court on Wednesday adjourned the hearing on a clutch of petitions pertaining to the Shahi Masjid-Krishna Janmabhoomi dispute.

A Bench presided over by CJI Sanjiv Khanna decided to post the matter for further hearing in the week commencing April 1, 2025.

In the meantime, CJI Khanna-led Bench extended the operation of the interim order passed on January 16, 2024, whereby the top court had stayed the execution of the commission on a plea filed by the Shahi Idgah Masjid Management Committee against the Allahabad High Court allowing the application filed by Hindu devotees for appointment of a commissioner to inspect the disputed premises.

In an earlier hearing, the Supreme Court had asked parties to complete the pleadings in the matter and directed the filing of written submissions not exceeding three pages along with the judgments being relied on by them. However, it had clarified that the trial proceedings pending before the Allahabad High Court could continue.

The top court is also seized of a plea filed by the mosque committee challenging the transfer of suits by the Allahabad HC to itself.

Recently, it remarked that the decision of the Allahabad High Court to consolidate all suits pertaining to the Krishna Janmabhoomi-Shahi Idgah dispute of Mathura should benefit both sides.

“Why should we intervene in the issue of consolidation of suits? It doesn’t make a difference. It is to the benefit of both sides, so multiple proceedings are avoided,” remarked a bench of CJI Khanna and Justice Sanjay Kumar. The court said this while hearing a plea filed by the management committee of the Shahi Masjid Eidgah against an order passed by the Allahabad High Court in January last year “in the interest of justice” directing that all 15 suits filed by the Hindu side be consolidated. Multiple suits were originally filed before different courts of Mathura, with a common claim that the Eidgah complex was built on the land believed to be the birthplace of Lord Krishna and where a temple had existed.

New Delhi, Jan 21: In a fresh application filed before the Supreme Court, the Committee of Management of Mathura’s Shahi Masjid Eidgah has pleaded that the right of the Centre to file its reply to the petitions challenging the validity of the Places of Worship Act, 1991 should be closed.

The plea said that in an order passed on December 12, 2024, the apex court noticed that the Union government had not filed its reply to the petitions challenging the 1991 Act for over three years and directed that a common counter affidavit be filed by the Centre within four weeks.

The mosque committee said that the Union of India is “deliberately” not filing its counter affidavit with the intention to delay the hearing, and thereby, obstructing those who are opposing the challenge to the Places of Worship (Special Provisions) Act, 1991 in filing their respective written submissions, as the stand of the Centre would have a bearing on the same.

The Shahi Masjid Eidgah’s application contended that since the Supreme Court has fixed the date of hearing of the batch of petition as February 17, “it would be in the interest of justice if the right of the Union of India to file its counter affidavit/ reply/pleadings/submissions is closed”.

In March 2021, a Bench headed by then Chief Justice of India (CJI) S.A. Bobde sought the Centre’s response to the plea filed by advocate Ashwini Upadhyay challenging the validity of certain provisions of the law, prohibiting the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947.

The plea said, “The 1991 Act was enacted in the garb of ‘Public order’, which is a State subject (Schedule-7, List-II, Entry-1) and ‘places of pilgrimages within India’ is also State subject (Schedule-7, List-II, Entry-7). So, the Centre can’t enact the Law.

“Moreover, Article 13(2) prohibits the State from making a law to take away fundamental rights but the 1991 Act takes away the rights of Hindus, Jains, Buddhists, and Sikhs, to restore their ‘places of worship and pilgrimages’, destroyed by barbaric invaders.”

It further added, “The Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, though both are incarnations of Lord Vishnu, the creator and equally worshipped throughout the world, hence it is arbitrary.”

In an interim order passed on December 12, 2024, the CJI Sanjiv Khanna-led Special Bench had ordered that no fresh suits would be registered under the Places of Worship Act in the country, and in the pending cases, no final or effective orders would be passed till further orders.

The Special Bench, also comprising Justices Sanjay Kumar and K.V. Viswanathan, had asked the Union government to file within four weeks its reply to the batch of petitions challenging the validity of the Places of Worship Act (Special Provisions), 1991.

In an intervention application filed earlier on December 11, the Committee of Management of Mathura’s Shahi Masjid Eidgah, had said that the 1991 law, prohibiting the alteration of religious places of worship as they stood on August 15, 1945, was enacted by Parliament in the interest of the country’s progress, which has stood the test of time for more than 33 years.

It added that Parliament had enacted the 1991 Act, which has stood the test of time for more than 33 years and the petitioners have chosen to challenge the enactment belatedly, after 29 years.

The application said that the mosque committee is party to 17 different suits being tried by the Allahabad High Court, where the plaintiffs have staked a claim over the entire parcel of land over which the Shahi Masjid Eidgah has been built, and have further sought the removal of the mosque structure from the said land, claiming the same to have been built over Krishna Janam Sthan.

“It would be in the interest of justice if the applicant (mosque committee) is allowed to intervene and assist this Hon’ble Court in the adjudication of the issues (relating to the validity of Places of Worship Act, 1991),” the application had said.

Belagavi, Jan 21: Congress President Mallikarjun Kharge on Tuesday strongly criticised the BJP, saying that his party is like a fire and if the BJP tries to meddle with Congress then it won’t survive.

“You (BJP) are the ones who have burned the Constitution and defaced photos of B.R. Ambedkar and former Prime Minister Jawaharlal Nehru. If you meddle with us, remember, we are like fire, you will burn and won’t survive. Do not provoke us. It won’t be possible to thrive by constantly instigating others,” said Kharge while addressing Jai Bapu, Jai Bhim, Jai Samvidhan convention in Belagavi.

He further refuted the BJP’s claims that Congress insulted B.R. Ambedkar, stating that ‘it is impossible’.

“Who installed Ambedkar’s statue in front of Parliament? It was during the tenure of former Prime Minister Indira Gandhi, with Hukum Singh from Punjab serving as the Speaker. Today, Ambedkar’s statue has been moved to a corner where no one can even spot it,” he said.

Kharge accused the BJP of staging theatrics by bowing down to copies of the Constitution. “BJP, RSS, and Hindu Mahasabha burned copies of the Constitution and statues of Nehru. Without understanding history, one cannot comprehend these acts of hypocrisy,” he stated.

He dismissed the BJP’s claims that Ambedkar was defeated by Congress, explaining, “The Congress party elected Ambedkar unanimously twice. M.R. Jayakar from Mumbai resigned his Rajya Sabha seat to enable Ambedkar’s election. What did the BJP do? They burned copies of the Constitution,” Kharge said.

He questioned the BJP who made Ambedkar part of the Constitution drafting committee.

“You did not agree to the Tricolour or national emblem. You should be ashamed. BJP and RSS did not even hoist the Tricolour on their offices,” he said.

Kharge praised Rahul Gandhi’s efforts, highlighting his ‘Samvidhan Bachao’ movement and the ‘Bharat Jodo Yatra’ from Kanyakumari to Kashmir.

“What sacrifice has anyone from your organisation made for this country? During the independence struggle led by Mahatma Gandhi, Jan Sangh appealed to people not to participate,” he said.

“Union Home Minister Amit Shah and Prime Minister Narendra Modi are younger than me. Union Minister Amit Shah insulted Ambedkar on the Parliament floor. We demanded his resignation and protested. This war has begun,” Kharge declared.

He lamented the destruction of government institutions under BJP rule, adding that BJP and RSS are busy looking for Shivlings under every mosque.

“Even RSS Chief Mohan Bhagwat has asked the BJP to stop this. The communal hatred they are propagating is dangerous. The Congress is working towards unity in the country,” Kharge said.

Kharge also referred to a letter written by Ambedkar to his friend Kamala Kanth, in which he blamed his election defeat on Veer Savarkar and S.A. Dande.

He urged people not to believe the claims of the BJP and RSS blindly.

“All people must come together, support the Congress party, and ensure its victory in the elections,” Kharge appealed.