The Supreme Court Today (Dec 9) questioned the correctness of the Allahabad High Court decision to transfer the suits relating to Krishna Janmabhoomi- Shahi Idgah Masjid dispute, from the trial court to the High Court. A Bench of CJI Sanjiv Khanna and Justice PV Sanjay Kumar remarked the Allahabad High Court does not have original jurisdiction to hear the matter and suits before civil court can be transferred by the High Court to itself only in extraordinary circumstances.
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NEW DELHI: The Supreme Court today scrutinized the Allahabad High Court’s ruling to transfer suits related to the Krishna Janmabhoomi-Shahi Idgah Masjid dispute from the trial court to itself.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar raised concerns about whether the High Court possessed the authority to undertake such a transfer, as it does not hold original jurisdiction in civil matters.
“Allahabad High Court does not have original side jurisdiction,”
-observed the Bench.
Advocate Barun Sinha, representing the Hindu side, countered this by arguing,
“But there is original side jurisdiction in extraordinary cases.”
In response, the Bench clarified,
“So transfer to High Court will be under extraordinary original civil jurisdiction.”
The Supreme Court was hearing the Muslim side’s challenge to the Allahabad High Court’s decision. The High Court had previously granted the Hindu side’s plea to transfer the suits to itself, bypassing the trial court.
The Dispute and Its Legal Journey
Justice Arvind Kumar Mishra of the Allahabad High Court issued the contentious order, transferring the case from the civil court to the High Court. This development arose in connection with a long-standing dispute over the Shahi Idgah Mosque, which the Hindu side claims was constructed over land belonging to Krishna Janmabhoomi, the birthplace of Lord Krishna.
The case dates back to December 14, 2023, when the Allahabad High Court allowed an application filed on behalf of the Hindu deity Bhagwan Shri Krishna Virajman and seven other Hindu plaintiffs. This application sought the appointment of a court commissioner to inspect the mosque in relation to the Krishna Janmabhoomi-Shahi Idgah Masjid issue.
The Hindu side filed the original suit before a civil court, asserting that the Shahi Idgah Mosque was erected on Krishna Janmabhoomi land. The suit was initiated on behalf of Bhagwan Shri Krishna Virajman and several devotees, seeking the mosque’s removal from its current location.
The plaintiffs contended that various evidences supported the claim that the mosque was originally a Hindu temple. Consequently, they requested the High Court to assign a commissioner to examine the premises.
Legal Developments Leading to the Supreme Court
The initial suit was dismissed by a civil court in September 2020 under the Places of Worship (Special Provisions) Act, 1991, which prohibits altering the religious character of places of worship as they existed on August 15, 1947. However, the Mathura District Court overturned this dismissal in May 2022, deeming the suit maintainable.
In 2023, the case was transferred to the Allahabad High Court, which has now become the subject of the Supreme Court’s examination. The apex court is also deliberating on an appeal against the High Court’s verdict that upheld the maintainability of 18 suits concerning the Krishna Janmabhoomi-Shahi Idgah Masjid conflict.
Current Proceedings in the Supreme Court
The Supreme Court, while considering the Muslim side’s challenge, queried whether a larger Bench of the High Court could hear an appeal against a single-judge order. After detailed discussions, the Bench decided to adjourn the case until after its winter recess, scheduled for the last week of December.
Earlier, the Supreme Court had declined to stay the Allahabad High Court’s order appointing a court commissioner to inspect the Shahi Idgah Mosque premises.
The dispute remains a contentious legal battle, blending historical, religious, and legal dimensions that continue to be deliberated across various judicial forums.
CASE TITLE:
Committee of Management Trust Shahi Idgah vs Bhagwan Shrikrishna Virajman Next Friend and ors.
Click Here to Read Previous Reports on Shri Krishna Janmabhoomi & Shahi Idgah Dispute
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