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Supreme Court of India

Supreme Court May Remand Krishna Janmabhoomi Representative Suit Issue to Allahabad High Court

August 12, 2026 : The Supreme Court on Wednesday indicated that it may send back to the Allahabad High Court the issue concerning who can represent all devotees of Lord Krishna in the ongoing Krishna Janmabhoomi-Shahi Idgah Mosque dispute.

A Bench comprising Justice Sanjay Kumar and Justice Sanjeev Sachdeva was hearing an appeal filed by the plaintiffs in Suit No. 1, which seeks removal of the Shahi Idgah Mosque from the disputed site. The appeal challenges the Allahabad High Court’s decision permitting the plaintiffs in Suit No. 17 to represent all devotees of Lord Krishna in the proceedings.

The Supreme Court raised concerns over whether proper notice had been issued to all concerned plaintiffs before the High Court decided the question of representative capacity. Justice Sanjay Kumar indicated that the matter may have to be remanded to the High Court for fresh consideration after providing an opportunity of hearing to all affected parties.

Senior Advocate Shyam Divan, appearing for the plaintiffs in Suit No. 1, was also asked about reports of settlement discussions between the parties. Divan stated that he was not aware of any such discussions.

The Bench also noted that the application filed by the plaintiffs in Suit No. 17 had sought a particular relief, whereas the High Court ultimately proceeded to decide the broader question of whether those plaintiffs could represent all devotees of Lord Krishna.

Suit No. 17 was instituted in the name of deity Bhagwan Shrikrishna Virajman through a next friend. Surendra Kumar Gupta, Mahabir Sharma and Pradeep Kumar Shrivastava are also plaintiffs in the suit. They had filed an application under Order I Rule 8 of the Code of Civil Procedure seeking permission to pursue the proceedings in a representative capacity on behalf of all devotees of Lord Krishna.

In July 2025, the Allahabad High Court allowed the application and permitted the plaintiffs in Suit No. 17 to represent all devotees of Lord Krishna. The High Court also permitted the defendants in that suit to represent the Muslim community.

The Supreme Court has now adjourned the matter for two weeks. Its observations indicate that it is considering remanding the representative-capacity issue to the Allahabad High Court so that the matter can be reconsidered after notice is given to all concerned parties.

The dispute involves 18 suits pending before the Allahabad High Court in relation to the Krishna Janmabhoomi-Shahi Idgah Mosque matter. Of these, 15 suits have been consolidated for hearing, while the remaining three are being heard separately.