Supreme Court sends reminder to Allahabad High Court to provide details of suits regarding the Krishna Janmabhoomi-Shahi Eidgah Mosque

NEW DELHI: The Supreme Court on Monday once again asked the Allahabad High Court to provide details of the suits regarding the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute being heard by it.

A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia pointed out no information or document has been received from the registry of the Allahabad High Court, despite its earlier order on July 21.

The court ordered the registrar concerned to be personally present before it on the next date.

The court fixed the matter for consideration on October 30, while  directing its registry to send a reminder with its last order to the high court's registry.

"This order be placed before Chief Justice, Allahabad High Court on administrative side so that we have a proper response. Concerned Registrar of High Court to remain personally present in court," the bench ordered.

A counsel appearing for mosque committee claimed that the recent spate of litigation was initiated by outsiders even though Hindus and Muslims have lived in harmony for the last five decades in the region. She also contended that it was difficult for her client to travel to Allahabad High Court, which was about 600 km away from Mathura for pursuing the litigation.

On this, the bench said that the problem is due to the benches at Lucknow and Allahabad only.

The bench, however, assured the counsel to look into the grievances after getting details of the cases transferred by the High Court to itself.

On July 21, the top court sought details of the pending suits related to Krishna Janmabhoomi at Mathura transferred by the Allahabad High Court to itself for adjudication, saying multiplicity of proceedings and delay were not in the interest of anybody.

The court had asked the Muslim side, which challenged the validity of the High Court's May 26 order, if it is not in the interest of everybody that the suits are consolidated and tried at the higher level at the earliest.

The bench said pendency of matter causes its own disquiet as multiple suits have been filed in the matter.

"It is in the larger interest of everybody that the matter is decided at a higher level," the bench orally said.

The counsel from the Muslim side contended the suits were filed only from 2020, while the transfer petition was filed in the HC with regard to one suit which challenged a compromise decree of 1968.

The counsel had also submitted that the transfer of suits would deprive the parties of an appellate jurisdiction and all the parties do not have wherewithal to travel to the High Court.

The bench again said it would be better if the issue is settled at higher level.

By its May 26, 2023 decision, the Allahabad High Court ordered for transfer of all the cases related to Krishna Janmabhoomi pending before the Mathura court to itself.

A single bench of Justice Arvind Kumar Mishra had then allowed a transfer petition filed by Bhagwan Shrikrishna Virajman and seven others.

While allowing the plea for transfer of one suit, the court had then exercised its suo motu power for the rest of the suits of similar nature, by withdrawing it from the lower civil court concerned and transferred those to the High Court.

The matter arose out of a plea originally filed in the court of civil judge senior division on September 25, 2020 by Lucknow-resident Ranjana Agnihotri, and others as the "next friend of Bhagwan Sri Krishna Virajman".

They had claimed in the plea that Shahi Idgah Masjid is constructed on a part of 13.37 acre land belonging to the Sri Krishna Janam Bhoomi Trust. They had demanded the mosque be removed and the land returned to the Trust.

They also contended that the Shahi Idgah Mosque had been built by Mughal emperor Aurangzeb after demolishing a part of the Shri Krishna Janmabhoomi.

They have also challenged the 1968 agreement between the Shahi Idgah Mosque Committee and the Shri Krishna Janmabhoomi Trust allowing the Mosque to continue to exist and use the land on which it was situated.

They also made claim over the entire birth place of Lord Krishna and sought removal of alleged encroachment of superstructure built as Shahi Idgah masjid over there.

Notably, suits related to Ram Janmabhoomi at Ayodhya was also transferred for trial before the High Court on July 10, 1989, which was decided on September 30, 2010. Subsequently, the Supreme Court's five-judge bench on November 9, 2019 ruled in favour of Hindu side.