Krishna Janmabhoomi-Shahi Idgah Dispute: Allahabad High Court Transfers To Itself All Suits Pending In Mathura Court

The Allahabad High Court today transferred to itself all the suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.

With this the Bench of Justice Arvind Kumar Mishra-I allowed the transfer application moved by Bhagwan Shrikrishna Virajman And 7 Others. In the operative part of its order, it observed thus:

"...looking to the fact that as many as 10 suits are stated to be pending before the civil court and also there 25 should be more suits that can be said to be pending and issue can be said to be seminal public importance affected the masses beyond tribe and beyond communities having not proceeded an inch further since their institution on merits for past two to three years, provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this Court under Section 24(1)(b) CPC"

The Transfer plea, filed through Advocates Prabhash Pandey and Pradeep Kumar Sharma, argued the issues involved in the suits pending before the Mathura Court concern crores of devotees of Lord Krishna and the matter is of national importance, hence, the same should be transferred to the HC.

In the plea, and as argued by Advocates Hari Shankar Jain and Vishnu Shankar Jain, it was submitted that the substantial questions of law and several questions relating to the interpretation of the Constitution of India which are involved in the suits pending before the Mathura Court can be conveniently decided by the High Court.

At the outset, the Court referred to Section 24 (1)(b) CPC to note that the said provision permits that a suit can be withdrawn which is pending in the subordinate court to the Court to which the transfer application is made i.e. High Court and that the High Court is competent to try or dispose of the same.

"The scope of Section 24 CPC is large enough encompass to try all issues by the High Court and exercise its power on civil court. There is no bar that the High Court cannot try the suit if it is withdrawn from the civil court where it is pending and is transferred to the High Court for disposal," the Court said as it observed that it had the power to transfer suits which are pending before the lower court.

Consequently, the Court allowed the petition and directed the District Judge, Mathura to prepare a list of all such cases of similar nature involving the subject matter and touching upon its periphery, expressly or by implication including particulars of such cases and these suits/cases along with the record, as above, be duly forwarded to the Court within two weeks and the same shall stand transferred to this Court in the exercise of suo motu powers of this Court.

The Court further requested the Chief Justice to nominate an appropriate Bench for trial and disposal of such suits, so withdrawn.

Appearances

Counsel for Applicant: Prabhash Pandey, Pradeep Kumar Sharma

Counsel for Opposite Party: Punit Kumar Gupta, Birendra Prasad Maurya, Devid Kumar Singh, Kamlesh Narayan Pandey, Nasiruzzaman, Prateek Rai, Radheshyam Yadav, Varun Singh

Case title - Bhagwan Shrikrishna Virajman And 7 Others vs. U.P. Sunni Central Waqf Board And 3 Others [TRANSFER APPLICATION (CIVIL) No. - 88 of 2023]

Case Citation: 2023 LiveLaw (AB) 164

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