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Krishna Janmabhoomi Case | Supreme Court Refuses To Interfere With HC Order Consolidating Suits In View Of Mosque Committee's Recall Plea
Awstika Das
20 March 2024 10:23 AM IST
In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court on Tuesday (March 19) disposed of an appeal filed by the mosque committee challenging a high court direction to consolidate 15 suits in the case.A bench of Justices Sanjiv Khanna and Dipankar Datta disposed of the mosque committee's special leave petition against the Allahabad High Court's...
In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court on Tuesday (March 19) disposed of an appeal filed by the mosque committee challenging a high court direction to consolidate 15 suits in the case.
A bench of Justices Sanjiv Khanna and Dipankar Datta disposed of the mosque committee's special leave petition against the Allahabad High Court's January 11 decision regarding the consolidation of the 15 suits, noting that an application to recall this order was pending before the high court.
The high court order came in response to the Hindu plaintiffs' submission that after the original suit was filed in the Mathura court in September 2020, “certain other suits of a similar nature concerning the 13.37 acre of Katra, Keshav Dev, and for the removal of the disputed structure were filed.”
During yesterday's hearing, Justice Khanna inquired about the potential impact of consolidating the suits.
“What difference does it make if the suits are consolidated?” the judge asked.
To which, Advocate Tasneem Ahmadi, representing the mosque committee, expressed concerns about complications arising from consolidation.
“What complications? Anyway, they can always recall the order if there are complications,” Justice Khanna responded.
In response to this, Ahmadi informed the court that the mosque committee has already filed an application in the Allahabad High Court for recalling the order under challenge, which led Justice Khanna to suggest that the application be heard first before the special leave petition is considered.
“Let the recall application be decided first. Normally, recall nor review can be decided if a special leave petition is pending,” the judge reasoned, refusing the committee's request to keep their plea before the apex court pending.
During the hearing, the bench also expressed concerns over the mosque committee's contention that the high court's order was passed without giving proper notice.
Uttar Pradesh Additional Advocate General Garima Prashad, however, objected, pointing out, “Notice was served on December 18. Subsequent to that, other parties filed their objections which were considered. No objections came from them...”
Ahmadi clarified, “Our contention is that we were not given time to file a reply and no notice was issued on the application. It was filed on the last date and a copy was given to us. The court did not issue notice. And the next date, it was just taken up.”
To this, Justice Khanna sternly cautioned, “This creates problems. We have no hesitation. We can set aside this order and remand it back.”
Ultimately, after UP AAG Prashad insisted that notice was served, the bench agreed to dispose of the special leave petition
“We dispose of the present special leave petition with liberty to the petitioner to revive the same post the decision on the recall/review application,” the bench clarified.
Background
The controversy is related to Mughal emperor Aurangazeb-era Shahi Eidgah mosque at Mathura, which is alleged to have been built after demolishing a temple at the birthplace of Lord Krishna.
In 1968, a 'compromise agreement' was brokered between the Shri Krishna Janmasthan Seva Sansthan, which is the temple management authority, and the Trust Shahi Masjid Eidgah allowing both places of worship to operate simultaneously. However, the validity of this agreement has now been doubted by parties seeking various forms of relief in courts with respect to Krishna Janmabhoomi. The litigants' contention is that the compromise agreement was made fraudulently and is invalid in law. Claiming a right to worship at the disputed site, many of them have sought the Shahi Eidgah mosque's removal.
"...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."
This transfer order has been challenged in the Supreme Court by the mosque committee, and later by the Uttar Pradesh Sunni Central Waqf Board.
In related news, the apex court in September 2023 refused to entertain a plea by the Shri Krishna Janmabhoomi Mukti Nirman Trust seeking a scientific survey of Shahi Eidgah Masjid premises, leaving all questions relating to the ongoing land dispute open to the Allahabad High Court to decide.
In October 2023, the high court dismissed a public interest litigation (PIL) seeking the recognition of the disputed site as Krishna Janmabhoomi and the removal of the mosque after noting that several suits for declaration, injunction, and the right to worship at the site as well as for removal of the structure was already pending before it. A special leave petition challenging this order by the Allahabad High Court was dismissed by the Supreme Court in January this year.
