LI Network
Published on: 21 July 2023 at 18:48 IST
The Supreme Court suggested that it would be in the best interest of all stakeholders if the sensitive civil suit related to the Krishna Janmabhoomi-Shahi Idgah Masjid dispute is heard by the Allahabad High Court.
The apex court expressed its concern over the potential of the case to create disquiet in society and recommended that High Courts are better equipped to handle disputes involving religious sites [Committee of Management Trust Shahi Masjid Idgah vs Bhagwan Shrikrishna Virajman].
A bench consisting of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia opined that the matter could be more appropriately resolved at the High Court level, and the transfer of the suit from the trial court to the High Court might help avoid multiple proceedings and unnecessary delays. Justice Kaul stressed the need for someone to apply a thorough analysis, indicating the fundamental questions involved in the case.
The case before the Supreme Court was an appeal against a May verdict of the Allahabad High Court, which granted the Hindu parties’ plea to transfer the suit from the trial court to the High Court. The Committee Management Trust of the Shahi Idgah mosque challenged this High Court order before the Supreme Court through their advocate RHA Sikander.
The appeal contended that the transfer order was issued without a formal application and was primarily based on the premise that the trial court would take a considerable amount of time to decide on the suit.
During the hearing, the Trust’s counsel emphasized that they did not seek to delay the trial and questioned the practicality of all parties traveling to Prayagraj, where the principal seat of the Allahabad High Court is located, for the hearings.
In response, Justice Kaul suggested that High Courts are better suited to handle such issues, to which Justice Dhulia added that ultimately, all parties would have to approach the Allahabad High Court.
As a result, the Supreme Court adjourned the matter for three weeks, calling for details of all suits involved in the dispute to be submitted by the High Court Registrar. The court’s order indicated that guidelines would be provided on how to proceed with the hearings.
The civil suit under consideration seeks the removal of the Mathura Shahi Idgah Masjid, alleging that it was constructed on Krishna Janmabhoomi land. The suit was initially dismissed by a civil court on September 30, 2020, citing the prohibition on admitting such cases under the Places of Worship (Special Provisions) Act, 1991.
However, the Mathura District Court later overturned the decision in May 2022, ruling the suit as maintainable and reversing the earlier dismissal. The case involves significant questions of law and interpretations of the Constitution of India, which the Hindu side deems of national importance concerning Lord Krishna’s devotees.
