Krishna Janmabhoomi-Shahi Idgah Mosque Case| Allahabad HC Entertains Plea Seeking Transfer Of Pending Suits To HC, Notice Issued

Observing that the matter requires consideration, the bench of Justice Nalin Kumar Srivastava issued notices to 3 respondents (being Committee of Management Trust, Shahi Masjid, Mathura, Sri Krishna Janambhumi Trust, and Shri Krishna Janamsthan Sewa Sansthan) and posted the matter for further hearing on March 2.

The Transfer plea, filed through Advocates Prabhash Pandey and Pradeep Kumar Sharma has been moved on the ground that the issues involved in the matter concerns crores of devotees of Lord Krishna and the matter is of national importance.

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, appearing for the Applicants, Advocate Vishnu Shankar Jain argued 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.

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 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.

Against this backdrop, noting that the matter requires consideration, the Court issued notices to the respondents and posted the matter for further hearing on March 2.