The Supreme Court on Friday (4th April) heard an appeal filed by the Muslim side in the Krishna Janmabhoomi dispute challenging an Allahabad High Court order, which allowed the Hindu side to amend their plaint to implead the Archaeological Survey of India (ASI) in the case.
The Hindu side had said that the Shahi Idgah cannot be used as a mosque and that the Places of Worship Act did not apply to the disputed structure as it is ASI protected. The Supreme Court said that it will examine the Hindu side’s claim on merits.
“As far as the question of whether the ASI protected place can be used as a mosque is pending before us. We had stated that no effective interim order be passed, and you never told this to the High Court. This will have to be dealt with in other matters on merits,” a bench of the Chief Justice of India, Sanjiv Khanna and Justice PV Sanjay Kumar reportedly said. The Supreme Court issued notices to the Hindu side on the appeal.
The Apex Court observed that the order of the High Court to allow the Hindu side to amend the plaint seemed prima facie correct. “You have the right to amend the plaint and implead parties. No parties, retrospective or not is a separate issue. They can also amend the plea and raise the issue in replication that the Places of Worship Act will not apply. That is why the impugned order appears to be correct. It’s not a new case. He is entitled to challenge it when you raise a new defense,” the Supreme Court noted.
The Muslim side opposed the amendment of the plaint, fearing it would nullify their defense
The Hindu side had sought permission from the Allahabad High Court to amend their plaint to include the claim that the disputed structure cannot be used as a mosque, and that the Places of Worship Act, 1991, cannot apply to the structure as it was declared as an ASI-protected site by a 1920 notification issued by the Lieutenant Governor of the United Province under Section 3 of the Ancient Monument Preservation Act.
The Muslim side opposed the amendment of the plaint by the Hindu side, arguing that it was an attempt to nullify the defense taken by the former, which relies on the Places of Worship Act.
“The proposed amendments show that the Plaintiffs are attempting to negate the defense taken by the Defendant that the Suit is barred by the Places of Worship Act 1991 by setting up a new case. The Plaintiffs are amending their Plaint, to try and wriggle out of the defense taken by the defendant that the suit is barred under the Places of Worship Act, 1991,” the Muslim side contended.
The High Court, however, allowed the Hindu side to amend their pleadings and add ASI as a party. “Let the amendment be incorporated in the plaint within a month. The defendant may file an additional written statement within two weeks of incorporation of the proposed amendment by the plaintiffs,” the High Court said in its order.
The case, along with related matters, will be heard on 8th April.
