Krishna Janmabhoomi -Shahi Idgah Dispute | Supreme Court Expresses Reluctance To Interfere With Consolidation Of Suits

The Supreme Court on Friday (January 10) expressed reluctance to interfere with the Allahabad High Court's order to consolidate all suits relating to the Krishna Janmabhoomi-Shahi Eidgah dispute.A bench comprising Chief Justice of India Sanjiv Khanan and Justice Sanjay Kumar orally observed that the consolidation would be in the benefit of both sides. However, the bench did not pass any order today and adjourned the matter.The bench was hearing the Special Leave Petition filed by the Shahi Idgah Mosque Committee challenging the order passed by the Allahabad High Court in January 2024 to consolidate all 15 suits filed by Hindu parties raising claims over the mosque at Mathura. In May 2023, the High Court had transferred to itself all the suits from the trial court.The counsel appearing for the Mosque Committee submitted that complications will arise since all the suits, which have been clubbed together, are not of the same nature.Disagreeing, CJI Khanna said,"It doesn't make a difference.""Why should we interfere in the issue of consolidation? What difference does it make if it is consolidated? Anyway, think about it, we are adjourning it, but I think consolidation makes no difference at all, relist 1st of April 2025," CJI Khanna said.The Supreme Court is also considering a petition filed by the Mosque Committee challenging the transfer of the suits to the High Court. Also, another petition filed by them challenging the High Court's refusal to reject the plaints as barred by the Places of Worship Act is pending in the Supreme Court.Last year, the Supreme Court had stayed the High Court's order to appoint an advocate commissioner for the inspection of the mosque.BackgroundThe controversy is related to Mughal emperor Aurangzeb-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 challenged in the fresh suits 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.In May, 2023, the Allahabad High Court transferred to itself all suits pending before the Mathura Court praying for various reliefs pertaining to the dispute."...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 was challenged in the Supreme Court by the mosque committee, and later by the Uttar Pradesh Sunni Central Waqf Board.In December, 2023, the High Court allowed a plea seeking the appointment of a court commissioner to inspect the Shahi Idgah Mosque. The order was passed on an Order 26 Rule 9 CPC application filed by the deity (Bhagwan Shri Krishna Virajman) and 7 others. In January, 2024, the Supreme Court stayed the implementation of the order. Subsequently, this stay was extended.Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors. | Special Leave Petition (Civil) No.6388/2024 Click Here To Read/Download Order

Krishna Janmabhoomi -Shahi Idgah Dispute | Supreme Court Expresses Reluctance To Interfere With Consolidation Of Suits

Anmol Kaur Bawa

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