New Delhi: The Supreme Court on Friday declined to stay the ongoing proceedings in the Allahabad High Court on suits in connection with the Sri Krishna Janmabhoomi-Shahi Idgah dispute. A bench comprising Justices Sanjay Kishan Kaul, Sudhanshu Dhulia and Ahsanuddin Amanullah, said it would not be fair to interfere with the High Court order without hearing both sides. The apex court noted there were 18 petitions pending before the High Court in the matter.
During the hearing, senior advocate Huzefa Ahmadi, along with advocate Fuzail Ahmed Ayubbi, submitted that they are against the transfer itself and it should be heard at Mathura only, and there is no reason for transfer and also there is no such issue of national importance involved here. Ahmadi submitted that plaintiffs had filed the suit 49 years after a compromise was reached in 1968 and decreed in 1974. “So why such a suit should have been allowed to be called for trial before the High Court needs examination by this court”, said Ahmadi.
Another counsel, representing the Muslim side, urged the bench to stay the ongoing proceedings before the High Court. The bench said without hearing both sides, it would not be fair to interfere with the High Court order. The bench added, “Last time, we did not stay it. Now, you say there is something more to be said. That does not mean there has to be a stay.”
The counsel, representing the Committee of Management Trust Shahi Masjid Idgah, said her clients do not have the financial wherewithal to travel to Allahabad to contest the suits since the distance from Mathura was more than 600 km and urged the court to allow the transfer of the suits to Delhi, which would be convenient for her clients.
The bench replied that it is very difficult to accept this contention and pointed out that the court in Delhi is already overburdened. “Not acceptable to us that you can come to Delhi but not go to Allahabad,” said the bench, adding that it will have to hear the matter and test the order passed by the High Court.
On the contention of staying the proceedings before the Allahabad High Court, the bench said, “We will have to hear why we should treat this as a case and make it blow out of proportion…..”. The bench added that let this case be like any other ordinary case, asked both sides to file their short synopses, and scheduled the matter for hearing on January 9.
The apex court was hearing a petition against the High Court order transferring to itself all matters related to the dispute pending before a Mathura court. The plea was filed by the Committee of Management Trust Shahi Masjid Idgah challenging the May 26 order of the High Court. The High Court had transferred to itself all matters related to the Sri Krishna Janmabhoomi-Shahi Idgah dispute pending before the Mathura court. In Mathura, Bal Krishna through Hindu Sena chief Vishnu Gupta and others had filed a suit in the court of Civil Judge Senior Division (III) for shifting of the Shahi Masjid Idgah, which they claim was constructed on a part of the 13.37 acres of the Sri Krishna Janmabhoomi Trust
The High Court had passed the order while allowing the transfer application filed by Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat Mathura (deity) through the next friend, Ranjana Agnihotri, and seven others.
