Supreme Court Issues Notice on Mosque Committee's Plea Against Suit Consolidation in Mathura Dispute

supreme_court_issues_notice_on_mosque_committees_plea_against_suit_consolidation_in_mathura_d...webp

Next Hearing Set for April 8 in Krishna Janmabhoomi-Shahi Idgah Case​

New Delhi, April 4 — The Supreme Court on Friday issued notices in response to a plea filed by the mosque committee challenging the consolidation of all Hindu-side lawsuits in the contentious Krishna Janmabhoomi-Shahi Idgah dispute in Mathura.

A bench led by Chief Justice Sanjiv Khanna, alongside Justices Sanjay Kumar and K V Viswanathan, took note of arguments presented by the mosque committee’s legal representatives and advocate Vishnu Shankar Jain, who appeared for certain Hindu litigants. The court directed that notices be served to all 10 respondents, including "Bhagwan Shrikrishna Virajman", within seven days.

Challenge to Allahabad High Court's Orders​

The mosque committee is contesting the Allahabad High Court's October 23, 2023 order, which dismissed its plea to recall the earlier January 11 order that consolidated multiple suits filed by the Hindu parties. The consolidation, the committee argues, should not have been allowed without the framing of issues and evidence collection.

Following directions from the apex court on March 19 last year, the mosque committee had approached the high court seeking a recall of the consolidation order, which was subsequently rejected.

In addition to this main plea, the mosque committee has also filed a separate challenge to another Allahabad High Court ruling which mandates that the Union Ministry of Home Affairs and the Archaeological Survey of India (ASI) be added as parties to the pending lawsuits filed by Hindu claimants.

Supreme Court Observations​

The top court stated that under the Civil Procedure Code, there is a provision for amending petitions in case new grounds emerge in the reply of the opposite party. The bench, however, deferred the hearing to April 8, when all connected matters in the Krishna Janmabhoomi-Shahi Idgah dispute will be taken up.

High Court Justification on Suit Consolidation​

The Allahabad High Court, in its ruling, emphasized that consolidation of cases is a judicial decision not dependent on the consent of the parties involved. It reasoned that consolidation aids in saving judicial time, prevents contradictory rulings, and reduces litigation expenses.

Despite an earlier order on August 1, 2024, to begin framing issues in the case, no issues have been framed to date.

Background of the Dispute​

The legal dispute centers around the Shahi Idgah mosque, which dates back to the era of Mughal emperor Aurangzeb. Hindu petitioners assert that the mosque was constructed after demolishing a temple at the birthplace of Lord Krishnain Mathura.

The matter continues to hold deep religious and legal implications, with the next pivotal hearing scheduled for April 8in the Supreme Court.
 
Back
Top