SC directs Allahabad HC registrar to furnish details of suits pending on Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute

A bench headed by Justice S K Kaul and comprising Justice Sudhanshu Dhulia queried the petitioner’s counsel, looking at the nature of the matter would it not be better if the HC decides it.

New Delhi: The Supreme Court Friday directed the registrar of the Allahabad High Court to furnish details of suits pending in connection with the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute, which were sought to be consolidated and adjudicated by the High Court. The apex court has scheduled the matter for further hearing after three weeks.

A bench headed by Justice S K Kaul and comprising Justice Sudhanshu Dhulia queried the petitioner’s counsel, looking at the nature of the matter would it not be better if the HC decides it. The bench observed that multiple suits have been filed in connection with the issue and said, "multiplicity of proceedings and prolongation are not in the interest of anybody…..It is in the larger interest of everybody that the matter is decided at a higher level".

The top court was hearing a plea challenging the order passed by the Allahabad HC in May this year, transferring all pending suits related to the Krishna Janmabhoomi-Shahi Idgah dispute from the Mathura court to itself.

The counsel, representing the Committee Of Management, Trust Shahi Masjid Idgah, submitted that the transfer petition was filed in respect of one suit which challenged a compromise decree of 1968 and suits having different causes of action are also sought to be clubbed together.

The bench queried, would it not be in the interest of everybody that the suits are consolidated and tried at the higher level at the earliest? The counsel contended that consolidation of suits having different causes of action cannot be done and the trial court is equally competent, and there is no considerable delay as the suits were filed from 2020.

The counsel stressed that transfer of the suits will deprive the parties of one appellate forum and for the purpose of the trial, the parties would find it difficult to travel to Allahabad.

After hearing submissions, the top court said it will call the details of such cases and ask the registrar of the HC for the same, and then it will examine how the trial should proceed.

Concluding the hearing, the apex court said, “We consider it appropriate to ask the registrar of the High Court to forward to us what are the suits that are sought to be consolidated by the impugned order”.