The Shahi Idgah–Krishna Janmabhoomi legal battle took a fresh turn on Friday as the Supreme Court agreed to examine a new claim made by Hindu parties: that the disputed Shahi Idgah structure is a protected monument under the Archaeological Survey of India (ASI), and therefore cannot be used as a mosque.

A Bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar issued notice to the Hindu side in response to an appeal filed by the Muslim parties. The appeal challenges a recent Allahabad High Court order allowing the Hindu plaintiffs to amend their suit and add the ASI as a party.

During the hearing, the top court observed that the issue of whether an ASI-protected monument can be used as a mosque is pending consideration. It remarked that this concern must be addressed separately on its merits, while also pointing out that the High Court was not informed of this pending issue when it passed its order.

The Court also made a preliminary observation that the High Court’s decision to allow amendments in the Hindu side’s plaint appeared correct.

"You have the right to amend a plaint and implead parties. Whether a party is retrospective or not is another issue. Even if new defences are raised, the plaintiffs can respond accordingly," the bench stated, suggesting that the High Court’s order was in line with procedural fairness.

The Hindu parties had approached the Allahabad High Court seeking to amend their original suit to include the ASI as a party. They contended that the Shahi Idgah mosque was declared a protected monument as early as 1920 through a notification by the Lieutenant Governor of the United Province under the Ancient Monument Preservation Act. Based on this, they argued that the Places of Worship Act, 1991 — which prohibits courts from entertaining disputes regarding the religious character of places of worship as they existed in August 1947 — would not apply to the Shahi Idgah.

The Muslim side strongly opposed the amendment, asserting that it was a strategy to sidestep the defence based on the Places of Worship Act. They contended that the plaintiffs were attempting to introduce a new case under the guise of an amendment, in order to bypass the statutory bar under the 1991 Act.

Despite this opposition, the High Court on March 5 allowed the amendment and directed the Hindu side to incorporate it within a month. The Muslim side was permitted to respond within two weeks of that incorporation.

This prompted the appeal before the Supreme Court.

The broader dispute began with a civil suit filed by Hindu parties — on behalf of the deity Bhagwan Shri Krishna Virajman and Hindu devotees — claiming that the Shahi Idgah Masjid was built over the Krishna Janmabhoomi site. The plaintiffs sought the mosque's removal, arguing that archaeological and historical evidence pointed to the existence of a Hindu temple at the location.

The suit was initially dismissed by a Mathura civil court in September 2020, citing the bar under the Places of Worship Act, 1991. However, this was overturned by the Mathura District Court in May 2022, which ruled the suit maintainable. In 2023, the matter was transferred to the Allahabad High Court.

The Supreme Court is currently hearing multiple appeals, including one challenging the High Court’s decision to consolidate and transfer related suits from the civil court to the High Court, and another against the High Court’s decision deeming 18 suits on the Krishna Janmabhoomi–Shahi Idgah issue as maintainable.

In December 2023, the Supreme Court directed courts across India not to pass any “effective orders” or conduct surveys related to disputed religious structures until the constitutional validity of the Places of Worship Act, 1991 is decided.

That order was issued in a separate case challenging the Act’s validity, but it has had a bearing on similar religious disputes — including the present Shahi Idgah case.

The Supreme Court is expected to take up the matter along with other connected disputes on April 8.