NEW DELHI, Jan 10: The Supreme Court stated on Friday that a petition challenging the Allahabad High Court’s decision to consolidate 15 lawsuits from Hindu petitioners regarding the Mathura Sri Krishna Janmabhoomi-Shahi Idgah Masjid controversy could be brought up at a later date.
The bench, which included Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, expressed a preliminary view supporting the high court’s consolidation decision, noting it benefits both parties involved in the litigation.
On January 11 of the previous year, the Allahabad High Court ordered that the 15 suits filed by the Hindu plaintiff should be consolidated “in the interest of justice.”
At the start of Friday’s hearing, the Supreme Court bench mentioned an ongoing issue pertaining to a 1991 law on places of worship and queried why it should intervene regarding the consolidation of lawsuits at this time.
“If necessary, you can raise the plea later,” the Chief Justice remarked to the mosque committee’s lawyer.
In a significant development, the Supreme Court, on December 12, prohibited courts across the nation from entertaining new lawsuits and from issuing any effective interim or final orders in pending cases seeking the reclamation of religious sites, particularly mosques and dargahs.
During the proceedings on Friday, a lawyer representing the Committee of Management Trust Shahi Masjid Idgah argued that the consolidated lawsuits were not of a similar nature, which could lead to complications due to their dissimilarities.
However, the bench countered, stating, “No complications at all… it’s beneficial for both sides to avoid multiple proceedings.”
“Why should we interfere with the issue of consolidation? We’re already considering the matter. What difference does it make if they are consolidated? Let’s adjourn this; however, I believe consolidation makes no difference. Please relist the plea for the week beginning April 1,” the Chief Justice said.
Last year, on March 19, the Supreme Court dismissed an earlier plea challenging the high court’s order to consolidate the 15 suits related to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
The new interim application discussed on Friday was submitted in this context.
Previously, the bench had granted the Committee of Management Trust Shahi Masjid Idgah permission to pursue a recall application before the high court.
The Hindu plaintiff had informed the high court that several additional lawsuits were filed pertaining to the 13.37-acre land after the original suit was submitted before the civil judge (senior division) of Mathura on September 25, 2020.
The high court had observed, “These suits are of a similar nature. The proceedings can be handled collectively, and decisions may be reached on the basis of shared evidence. This approach is aiming to conserve court time, reduce expenses for the parties involved, and prevent conflicting judgments, making consolidation expedient in the interest of justice.”
On a separate issue concerning the dispute, the Supreme Court ordered on January 29 of last year to maintain the interim stay on the high court’s order for a court-monitored survey of the Shahi Idgah Mosque complex adjacent to Krishna Janmabhoomi temple.
On January 16, 2024, it also suspended the operation of the high court’s December 14, 2023 order, which had authorized a court-monitored survey of the Shahi Idgah Mosque complex, along with suspending the appointment of a court commissioner for overseeing the mosque premises survey. The Hindu side contends that there are indications suggesting it was previously a temple.
Nevertheless, the Supreme Court clarified that proceedings in the high court regarding this dispute, including the maintainability of the suit under Order 7 Rule 11 of the Civil Procedure Code (CPC), would continue.
The top court is also addressing another petition from the mosque committee that contests the May 26, 2023 order of the high court which transferred all related matters from a Mathura court to itself.
The Hindu side had requested that the high court conduct the original trial, similar to the proceedings in the Babri Masjid-Ram Janmabhoomi title dispute. (PTI)
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