NEW DELHI, Jan 10: The Supreme Court on Friday said a plea challenging the Allahabad High Court order to combine 15 lawsuits by Hindu petitioners in the Mathura Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute may be raised later.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took a prima facie view in favour of the high court decision to consolidate all the lawsuits, saying it favours both sides of the litigation.
On January 11 last year, the Allahabad High Court directed that the 15 suits on an application filed by the Hindu plaintiff be consolidated “in interest of justice”.
At the beginning of hearing on Friday, the SC bench said it is seized of an issue related to a 1991 law on places of worship and asked as to why it should intervene on the matter of the consolidation of the lawsuits at the moment.
“If required, you can raise the plea later,” the CJI told the lawyer representing the mosque committee.
In a related important development, the top court, on December 12, restrained till further directions the courts in the country from entertaining fresh lawsuits and passing any effective interim or final orders in pending ones seeking to reclaim religious places, especially mosques and dargahs.
On Friday, a lawyer, appearing for the Committee of Management Trust Shahi Masjid Idgah, said the lawsuits were not similar in nature and yet have been consolidated by the high court.
The lawyer said this situation will lead to complications as dissimilar lawsuits will be taken up together.
The bench, however, said, “No complications at all… it is in your benefit and their benefit also as multiple proceedings are being avoided.”
“Why should we interfere on the issue of consolidation (of lawsuits)? In any case, we are hearing the issue. 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 (the plea) in the week commencing April 1,” the CJI said.
The top court, on March 19 last year, had disposed of the plea challenging the high court order consolidating 15 suits related to Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
The fresh interim application, which was taken up on Friday, was filed against this.
The bench had earlier given the Committee of Management Trust Shahi Masjid Idgah the liberty to pursue its recall application before the high court.
The Hindu plaintiff had submitted before the high court in the application that after the original suit was filed before the civil judge (senior division), Mathura, on September 25, 2020, several other suits were filed with regard to the 13.37 acre land.
The high court had ordered, “These suits are of similar nature. The proceedings in these suits can be taken up and the suits may be decided simultaneously on the basis of common evidence. To save the time of the Court, the expenses to be incurred to the parties, and to avoid conflicting judgments it appears expedient in the interest of justice to consolidate the suits with each other.”
On another issue related to the dispute, the top court, on January 29 last year, had ordered continuance of the interim stay on the operation of the high court order for a court-monitored survey of the Shahi Idgah Mosque complex adjoining the Krishna Janmabhoomi temple in Mathura.
On January 16, 2024, it had stayed the operation of the December 14, 2023 order of the Allahabad High Court allowing a court-monitored survey of the Shahi Idgah Mosque complex.
It had also stayed the order of the high court by which it agreed to the appointment of a court commissioner to oversee the survey of the mosque premises. The Hindu side claimed it has signs suggesting it was once a temple.
The apex court, however, made it clear that the proceedings before the high court in the dispute, including the maintainability of the suit under Order 7 Rule 11 of the Civil Procedure Code (CPC), will continue.
The top court is already seized of another petition filed by the mosque committee challenging the May 26, 2023 order of the high court transferring to itself all matters related to the dispute pending before a Mathura court.
The Hindu side had made a prayer before the high court that it should conduct the original trial like it had done in the Babri Masjid-Ram Janmabhoomi title dispute. (PTI)
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