Krishna Janmabhoomi Dispute: Allahabad HC Reserves Verdict In Plea Seeking Transfer Of Suits Pending In Mathura Court To HC
The Allahabad High Court today reserved its verdict in a plea filed before it seeking the transfer of suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute, to the HC.The Bench of Justice Arvind Kumar Mishra-I passed reserved the order today weeks after it entertained and agreed to hear the Transfer plea filed...
The Allahabad High Court today reserved its verdict in a plea filed before it seeking the transfer of suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute, to the HC.
The Bench of Justice Arvind Kumar Mishra-I passed reserved the order today weeks after it entertained and agreed to hear the Transfer plea filed by Bhagwan Shrikrishna Virajman And 7 Others.
The Transfer plea before the High Court
The Transfer plea, filed through Advocates Prabhash Pandey and Pradeep Kumar Sharma has been moved on the ground that 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.
It has been further 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.
Hence, it has been prayed that High Court should exercise its powers under Section 24(1)(b) of the Code of Civil Procedure to transfer the pending suits to itself.
U.P. Sunni Central Waqf Board, Committee of Management Trust, Shahi Masjid, Mathura, Sri Krishna Janambhumi Trust, and Shri Krishna Janamsthan Sewa Sansthan are the respondents in the matter.
Alternatively, the plea prays that all the cases may be transferred to one Court and if possible, to the senior most Court of Mathura Judgeship i.e. the Court of District Judge, Mathura for disposal to avoid the possibility of different verdicts of different Courts on similar issues and also for the sake of convenience of the parties.
Opposing the plea, the Counsel for the U.P. Sunni Central Waqf Board, Punit Kumar Gupta on Feb 1 argued that the transfer plea is not maintainable and instead, an application under Article 228 of the Constitution should have been moved before the Chief Justice of the High Court for the said purpose.
It was also submitted that the applicants alone cannot file transfer applications on behalf of the parties to other cases and they should also be heard in the matter.
In related news, the Allahabad High Court on Tuesday directed a Court in Mathura to decide the suit pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah land dispute, pending before it, without being influenced by the observations made by the Mathura District Judge on the merits/contentious issues of the case in its 19 May 2022 order.
Significantly, this order of the Allahabad High Court paved the way for the resumption of the hearing of the suit before the Mathura Court seeking the removal of the Shahi Eidgah (mosque), located adjacent to the Shri Krishna temple complex in Mathura, and the transfer of 13.37-acre land to the deity-Bhagwan Shrikrishna Virajman.
"...both the petitions are disposed of by remanding the matter back to the Trial Court with directions to adjudicate the Civil Suit no. 353 of 2022 after following due procedure as per law without being influenced by any observation or findings of the District Judge vide impugned order dated 19.05.2022. All the parties are free to raise all their contentions before the trial Court," the bench of Justice Pradia said.