SC upholds Hindu side’s plea, ASI added as party

The Supreme Court on Monday reiterated that the order passed by the Allahabad High Court in the Krishna Janmabhoomi-Shahi Idgah case, allowing the Hindu side’s plea to amend its suit and add the Archaeological Survey of India (ASI) as a party to it, is prima facie correct. A division bench headed by Chief Justice of India (CJI) Sanjiv Khanna reiterated its observation during the resumed hearing of an appeal filed by the Muslim side against the high court order. “One thing is clear. The amendment to the original plaint by the Hindu plaintiffs has to be allowed,” the bench verbally remarked.

The Hindu side had moved the Allahabad HC raising a new claim that the disputed structure is a protected monument under the ASI and the protection of the Places of Worship Act will not apply to such a monument. Consequently, it cannot be used as a mosque, they argued. They, therefore, requested addition of the ASI as a party to the case which was allowed by the high court on March 5. This led to an appeal by the Muslim side in the top court against the high court order.

On April 4, the SC had issued a notice to the Hindu petitioners seeking their response on an appeal moved by the Muslim side. When the matter came up for resumed hearing on Monday, the top court said that the plea filed by the Muslim side “is absolutely wrong”. The bench said that the high court was correct in allowing the amendment to add the parties to the suit.