In a significant development, the Supreme Court has referred some of India's most sensitive religious disputes---- the Gyanvapi Mosque case in Varanasi, the Shri Krishna Janmabhoomi-Shahi Idgah Mosque in Mathura and Hari Mandir-Mosque dispute in Sambhal---- for an out-of-court settlement through a Lok Adalat to be held on the Supreme Court premises. The settlement proceedings, titled "Samadhan Samaroh", will be conducted from August 21 to 23 as part of an effort to explore a resolution through dialogue rather than prolonged litigation.
As part of the process, the Supreme Court has issued notices to both the Hindu and Muslim parties involved in the three cases.
Pre-Lok Adalat conciliation underway
The court has also initiated pre-Lok Adalat conciliation efforts, with mediation attempts in lower courts having been underway since April 21.
According to the schedule, a pre-conciliation hearing in the Gyanvapi case will be held in Varanasi on July 14 ahead of the Lok Adalat proceedings.
In the Mathura Shri Krishna Janmabhoomi-Shahi Idgah dispute, earlier mediation efforts failed on July 5, prompting the Supreme Court to include the matter in the special Lok Adalat initiative.
About three disputes
Gyanvapi Mosque case
The Gyanvapi dispute centres on claims by Hindu petitioners that the Gyanvapi Mosque in Varanasi was constructed after the demolition of the original Kashi Vishwanath Temple during the Mughal era.
Several petitions have been filed seeking the right to worship at certain locations within the mosque complex and questioning the applicability of the Places of Worship (Special Provisions) Act, 1991, which preserves the religious character of places of worship as they existed on August 15, 1947.
The Anjuman Intezamia Masjid Committee, representing the Muslim side, has opposed these claims, maintaining that the mosque is protected under the 1991 Act and that the petitions are legally untenable. The dispute is currently pending before various courts, where issues relating to survey findings, worship rights, and the maintainability of the suits are under adjudication.
Janmabhoomi-Shahi Eidgah dispute
The controversy is related to the Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing the temple at the birthplace of Lord Krishna on the orders of the then Mughal ruler Aurangzeb. The disputed site holds significant religious importance for Hindus, as the Hindu litigants claimed the premises hold signs suggesting that a temple once existed at the site.
Several suits seek the removal of the mosque or the restoration of the land that Hindu litigants claim originally housed the Shri Krishna Janmabhoomi temple.
The Shahi Idgah Mosque Committee has contested these claims, arguing that the suits are not maintainable and, among other grounds, has relied on the Places of Worship (Special Provisions) Act, 1991.
Sambhal Jama Masjid dispute
The Sambhal Jama Masjid dispute began after a civil court ordered a survey of the Mughal-era Shahi Jama Masjid on a petition claiming that a Harihar temple had originally stood at the site. The court-ordered survey triggered violence in Sambhal in November last year, resulting in multiple deaths and injuries.
The Gyanvapi, Mathura and Sambhal disputes are currently pending before the Supreme Court, which is examining broader legal issues arising from such suits, including the applicability and interpretation of the Places of Worship (Special Provisions) Act, 1991.
