The Supreme Court on Friday opined that it would be in the interest of all stakeholders if the civil suit concerning the Krishna Janmabhoomi- Shahi Idgah Masjid dispute is heard by the Allahabad High Court since the case is such that it has the potential to create disquiet in the society [Committee of Management Trust Shahi Masjid Idgah vs Bhagwan Shrikrishna Virajman].
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said that High Courts are better placed and suited to hear cases involving disputed religious sites.
“Looking at the nature of the matter, should it not be decided by the High Court only? Pendency in such matters creates disquiet, in some ways or the other. Will it not be better for all stakeholders if multiplicity of proceedings in such sensitive cases is avoided? Someone has to apply mind. As I see it, it was (transferred by the High Court to itself) so no further proceedings arise. Ultimately everything will depend on fundamental questions. I think it is in everyone’s interest that this is handled by the High Court,” Justice Kaul remarked.
The top court was hearing an appeal challenging a May verdict of the Allahabad High Court that had allowed a plea by the Hindu parties to transfer the suit from the trial court to the High Court.
This High Court verdict was challenged before Supreme Court by the Committee Management Trust of the Shahi Idgah mosque, through advocate RHA Sikander.
The appeal contended that the High Court order was passed even though no transfer application was filed. The Trust added that the High Court had relied primarily on a contention that the trial court would take time to decide on the suit.
During the hearing today, the Trust’s counsel stressed that no one wanted to delay the trial. He also questioned whether all parties to the case would have the wherewithal to travel to Prayagraj (where the principal seat of the Allahabad High Court is located) for the hearings.
Justice Kaul said that it may be better if High Courts handle such issues.
Justice Dhulia weighed in by remarking that
“Eventually, everyone will have to come to Allahabad.”
The Court proceeded to adjourn the matter by three weeks after calling for the details of all suits involved in the matter.
“We consider it appropriate for the High Court Registrar to send us the details of the various suits. There seems to be generality to the directions issued (by the High Court),” the Supreme Court’s order stated.
As the hearing drew to a close, Justice Kaul added,
“We have not said anything here or there (in the order). We will give some guidelines on how to proceed with the hearing.”
The suit in question has sought the removal of the Mathura Shahi Idgah Masjid on the ground that it was built over Krishna Janmabhoomi land.
While the matter was pending before the trial court, the Hindu side moved the High Court seeking a transfer of the trial court proceedings to the High Court.
The Hindu side contended that the issues involved concerned crores of Lord Krishna’s devotees and that it was a matter of national importance. It was also highlighted that the case involves substantial questions of law and issues concerning the interpretation of the Constitution of India.
Last February, Justice Nalin Kumar Srivastava of the Allahabad High Court agreed to hear the transfer plea, which was eventually allowed in May by Justice Arvind Kumar Mishra I.
Prior to these developments, a civil court had dismissed the suit on September 30, 2020, citing the bar on admitting the case under the Places of Worship (Special Provisions) Act, 1991.
However, this decision was eventually overturned after an appeal before the Mathura District Court. In May 2022, the Mathura Court held that the suit was maintainable and overturned the earlier civil court decision to dismiss the suit.
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