Allahabad HC: Mathura Shahi Idgah Security Report Remains Sealed

• The Mathura administration informed the Allahabad High Court of increased security at the Krishna Janmabhoomi-Shahi Idgah premises due to 'Kar Seva' concerns.
• The High Court reviewed a classified security report from district officials but ordered its contents to remain sealed, citing its sensitive nature.
• The court is actively managing numerous pending applications, including requests for site inspection and deferral of a survey plea, within the broader dispute.
• The core dispute involves 18 suits seeking the removal of the Shahi Idgah mosque and restoration of the temple on a 13.37-acre complex.
• The Allahabad High Court previously consolidated 15 related lawsuits and rejected a challenge to the maintainability of all 18 suits, with the Supreme Court also remaining involved.

The Allahabad High Court, while acknowledging heightened security measures in Mathura, opted to keep the detailed report classified, underscoring the sensitive nature of the ongoing dispute.

The Allahabad High Court recently received an update from the Mathura district administration regarding enhanced security measures at the disputed Krishna Janmabhoomi-Shahi Idgah premises. This increased vigilance was prompted by concerns over a potential 'Kar Seva' event, leading authorities to step up arrangements in the sensitive area.

The court, specifically Justice Avnish Saxena, reviewed a classified report submitted by the Mathura District Magistrate and Senior Superintendent of Police. This document detailed the security provisions put in place to address the alleged 'Kar Seva' and ensure safety at the site. However, the High Court decided against disclosing the report's contents, emphasizing its classified nature and directing that it remain under sealed cover.

This development occurred within the context of Original Suit No. 4 of 2023, a case initiated by the Shrikrishna Janmbhoomi Mukti Nirmaan Trust and five other plaintiffs against the Shahi Masjid Eidgah Management Committee and three co-defendants. This particular suit is one of several interconnected legal proceedings concerning the contentious religious site in Mathura.

The Allahabad High Court's proceedings on August 25 highlighted the intricate procedural challenges inherent in this multi-party litigation. During this session, the court addressed various pending applications and procedural matters. Notably, Defendant No. 1 sought permission to rectify defects in its written statement and introduce an amended or additional version, a request that was met with a plea from the plaintiffs for additional time to file their objections, which the High Court granted.

Beyond these immediate concerns, a substantial number of other applications are awaiting judicial orders. These include requests for the amendment and impleadment of parties, as well as applications seeking to hold proceedings in several connected suits in abeyance while Suit No. 17 of 2023 progresses. A significant application also seeks the "detention preservation and inspection" of the Shahi Idgah under the provisions of Order 39 Rule 7 read with Section 151 of the Code of Civil Procedure.

Further complicating the docket are applications requesting the deferment of the plaintiffs’ survey plea until the Supreme Court renders a decision on SLP No. 481/2024. The court is also considering pleas related to religious worship, specifically concerning Basoda Puja and rituals over Krishna Koop. Other procedural applications involve the completion of pleadings, the admission and denial of documents prior to the framing of issues, and a request to recall the High Court's January 11, 2024 order, which had consolidated 15 lawsuits related to the dispute to streamline judicial processes and prevent conflicting rulings. The next hearing in this matter is scheduled for September 18 at 2 pm.

At the heart of this extensive legal battle lies a 13.37-acre complex in Mathura, which houses both the Katra Keshav Dev temple and the Shahi Idgah mosque. The Hindu plaintiffs involved in the 18 suits currently before the Allahabad High Court are seeking various reliefs, including the removal of the mosque, possession of the premises, and the restoration of the temple. A key aspect of their legal challenge also involves questioning the legal validity of a 1968 compromise agreement that had permitted the coexistence of the two places of worship.

The current wave of litigation commenced with fresh suits filed by Hindu worshippers and other parties. In May 2023, the High Court took the significant step of transferring all pending Mathura suits to itself for consolidated adjudication. More recently, in August 2024, the court rejected the Shahi Idgah management committee’s challenge to the maintainability of all 18 suits, affirming that these cases could proceed on their merits.

This high-profile dispute is not confined solely to the High Court; it also remains under the purview of the Supreme Court. As of August 12 this year, the apex court indicated a potential remand to the High Court for a matter concerning the representation of Krishna devotees, citing a procedural issue related to notice. The ongoing litigation underscores the profound historical and religious sensitivities surrounding the Krishna Janmabhoomi-Shahi Idgah dispute.

Lawyers handling sensitive land disputes with public order implications should observe the Allahabad High Court's procedural management, including the use of sealed reports for security matters and the handling of numerous interlocutory applications. This case highlights the complexities of multi-party litigation in high-profile religious property disputes and the need to monitor all listed applications and potential Supreme Court interventions.

Source: Original reporting via legal news sources.