Krishna Janmabhoomi-Shahi Idgah Case: SC notice against suit clubbing

New Delhi: The Supreme Court on Friday issued notices on a plea of the mosque committee against the Allahabad High Court consolidating all suits of the Hindu side in relation to the Mathura Krishna Janmabhoomi-Shahi Idgah dispute.

The Allahabad High Court rejected an application by the Committee of Management, Trust Shahi Masjid Idgah, on October 23 last year. The committee had sought to recall the court's January 11 order, which consolidated all suits filed by the Hindu side in the Krishna Janmabhoomi-Shahi Idgah dispute.

The mosque committee's application came after the Supreme Court directed it to first seek the recall of the consolidation order from the High Court. The Supreme Court had issued this directive on March 19 last year.

On Friday, a bench consisting of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan heard the submissions of the mosque committee's counsel and advocate Vishnu Shankar Jain, who represents some Hindu litigants. Following the hearing, the bench issued notices that will be served to all respondents within seven days.

The mosque committee has made 11 parties respondents to its plea, including "Bhagwan Shrikrishna Virajman" and 10 others. Additionally, the committee has filed a separate plea challenging the Allahabad High Court's order to make the Union Ministry of Home Affairs and the Archaeological Survey of India (ASI) parties to the pending Hindu lawsuits.

The Supreme Court has stated that the petition can be amended under the Civil Procedure Code if new grounds are introduced in the reply to the lawsuit. However, the hearing on the plea has been postponed to April 8, when the court will address cases related to the Krishna Janmabhoomi-Shahi Idgah dispute.

The Allahabad High Court previously turned down the plea of the Muslim side, refusing to accept that the order for the consolidation should be issued only after the framing of issues and collecting evidence.

"It is the court alone which has to decide whether two or more cases of similar nature, as in present cases, have to be consolidated or not. The consent of parties is immaterial," it said.

The high court added, "Because of the consolidation of cases, the court's time will be saved, there would be no chance of a different type of order in similar matters, and further, the parties would be in a gainful position from heavy expenses." The high court on August 1, 2024, ordered the framing of issues, but no issues have been framed so far.

The controversy is related to the Mughal emperor Aurangzeb-era Shahi Idgah mosque at Mathura, which the Hindu side claims has been built after demolishing a temple at the birthplace of Lord Krishna.

(inputs from PTI)