New Delhi: The Supreme Court on Tuesday disposed of an appeal filed by the Committee of Management Trust Shahi Masjid Idgah challenging direction by the Allahabad High Court to consolidate suits concerning the Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
The apex court noted that an application to recall the order under challenge is pending before the Allahabad High Court, and granted liberty to the mosque trust to revive the present appeal if aggrieved by the outcome of the recall application.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta told the counsel, representing the Muslim side, "What difference does it make if cases are consolidated?” The counsel submitted that if cases were consolidated then it would only cause complications. Justice Khanna queried the counsel, “What complications? They (the high court) can always recall the order if there were any complications".
After the counsel mentioned the application for recall in the high court, the bench said, “Then this writ petition should not be heard till that is decided?” The counsel said the matter may be kept pending. Justice Khanna said, “The high court order should not be passed without notice, that is wrong and haste and hurry lead to complications”. Senior advocate Garima Prasad and advocate Vishnu Jain were representing the respondents. The masjid side has filed a petition against Bhagwan Shrikrishna Virajman's next friend and others. Putting a query to Prasad, Justice Khanna said their precise allegation is that it was passed without notice. “It was listed and decided the same day. It should not be done”, said Justice Khanna.
Justice Datta pointed out that one Nasiruzaman consented and one Pracha opposed and they were appearing for both defendant number 2, what is the position? Prasad said first both of them consented. Justice Khanna said no, if the court proceeds in haste and hurry then you will get into difficulty.