Krishna Janmabhoomi Case | Supreme Court Refuses Oral Plea To Stay HC Order Appointing Commissioner To Inspect Shahi Eidgah Mosque

Awstika Das

15 Dec 2023 8:29 AM GMT

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Krishna Janmabhoomi Case | Supreme Court Refuses Oral Plea To Stay HC Order Appointing Commissioner To Inspect Shahi Eidgah Mosque

In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court on Friday (December 15) refused an oral plea raised by the Mosque committee to stay the order passed by the Allahabad High Court yesterday allowing an application for the appointment of a court commissioner for the inspection of the mosque.A bench of Justices Sanjiv Khanna and SVN Bhatti...

A bench of Justices Sanjiv Khanna and SVN Bhatti was hearing a special leave petition filed by the mosque committee challenging a May 2023 order of the Allahabad High Court transferring to itself a clutch of suits over the land dispute.

The bench observed that the High Court order has not been formally challenged before it.

Senior Advocate Huzefa Ahmadi, for the Committee of Management Trust Shahi Masjid Idgah, raised concerns over the high court considering interlocutory applications having 'far-reaching implications', even while the mosque committee's challenge to the high court's jurisdiction was pending before the top court. The Justice Khanna-led bench, however, expressed disinclination to interfere with the order which has not been brought before the bench. "How can I stay the order without it being before me?" the judge asked.

When the senior counsel urged the court to intervene, Justice Khanna said, "Please tell the high court that this matter is listed on January 9."

We have specifically pointed it out multiple times, Ahmadi exclaimed. In response, Justice Khanna asked him to inform the high court of the bench's observations from today. Then, the bench proceeded to pronounce a short order -

"The special leave petition is listed on January 9. Let it come up on the said date. All issues and contentions will be considered. In case the petitioner has any grievance, it will be open to the petitioner to file a challenge in accordance with law."

When Ahmadi attempted to persuade the court to intervene more substantively, Justice Khanna repeated, "We are not saying anything. In the first portion, we have said that this matter is listed before us on January 9. The first portion makes it clear."

He added, "You know the procedure for mentioning for listing during the holidays if any adverse order is passed."

On the last occasion, the Court had turned down a plea by the Mosque Committee to stay the High Court proceedings. Justice Sanjay Kishan Kaul, who was presiding over the case at the time, said, "If there's an improper order, we will interfere."

In the meantime, the high court yesterday allowed a plea seeking the appointment of a court commissioner to inspect the Shahi Eidgah mosque. A single-judge bench of Justice Mayank Kumar Jain passed this order on an application under Order XXVI Rule 9 of the Code of Criminal Procedure filed by the deity (Bhagwan Shri Krishna Virajman) and seven others in an original suit pending in the high court.

Earlier this year, the Supreme Court indicated that it would be better if the high court decided the matter to avoid the 'disquiet' caused by a multiplicity of proceedings and prolonged pendency of the dispute. The court also sought details from the high court registry pertaining to the civil suits that were directed to be consolidated and transferred from the trial court. The high court registry informed the court that a total of eighteen suits filed on the subject have been transferred to itself.

Case Details

Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors. | Special Leave Petition (Civil) No. 14275 of 2023

Krishna Janmabhoomi Case | Supreme Court Refuses Oral Plea To Stay HC Order Appointing Commissioner To Inspect Shahi Eidgah Mosque

Awstika Das

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