The Supreme Court Today (March 19th), disposed of a plea challenging Allahabad High Court’s order on Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute, allowing Committee of Management Trust Shahi Masjid Idgah to pursue a recall application. On January 11, the high court “in interest of justice” directed that the 15 suits on an application filed by the Hindu plaintiff be consolidated.
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NEW DELHI: The Supreme Court Today disposed of a fresh plea challenging the Allahabad High Court order consolidating 15 suits related to Mathura’s Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta granted the Committee of Management Trust Shahi Masjid Idgah, the entity contesting the January 11 order, the freedom to pursue its recall application before the high court.
“The petitioner has called for recall of impugned judgement of Allahabad High Court. We dispose of the present SLP with liberty to revive the recall petition before the high court,”
-the bench ordered.
The counsel representing the Committee informed the court that the application to recall the January 11 order is awaiting consideration before the high court. She urged the court to instruct the high court to schedule the application for a specific date. However, the bench declined to issue such an instruction.
On January 11, the high court, “in interest of justice,” directed the consolidation of the 15 suits upon an application filed by the Hindu plaintiff.
The Hindu plaintiff presented an application before the high court, stating that following the initial suit filed before the civil judge (senior division) in Mathura on September 25, 2020, numerous other suits concerning the 13.37-acre land had been filed.
The high court issued an order stating,
“These suits are of similar nature. The proceedings in these suits can be taken up and the suits may be decided simultaneously on the basis of common evidence. To save the time of the Court, the expenses to be incurred to the parties, and to avoid conflicting judgments it appears expedient in the interest of justice to consolidate the suits with each other.”
On January 29, the Supreme Court upheld the interim stay on the implementation of the Allahabad High Court’s order for a court-monitored survey of the Shahi Idgah Mosque complex adjacent to the Krishna Janmabhoomi temple in Mathura.
Earlier, on January 16, the Supreme Court halted the execution of the December 14, 2023 order of the Allahabad High Court, which permitted a court-monitored survey of the Shahi Idgah Mosque complex. Additionally, it stayed the high court’s decision to appoint a court commissioner to supervise the survey of the mosque premises. The Hindu side asserts there are indications suggesting it was once a temple.
However, the apex court clarified that the proceedings before the high court in the dispute, including the examination of the suit’s maintainability under Order 7 Rule 11 of the Civil Procedure Code (CPC), will proceed.
The Supreme Court is already handling another petition filed by the mosque committee challenging the May 26, 2023 order of the high court, which transferred all matters related to the dispute pending before a Mathura court to itself.
The Hindu side had urged the high court to conduct the original trial akin to its approach in the Babri Masjid-Ram Janmabhoomi title dispute.
Click Here to Read Previous Reports on Krishna Janmabhoomi Case
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