The Supreme Court has expressed its opinion that the civil suit concerning the Krishna Janmabhoomi- Shahi Idgah Masjid dispute should be heard by the Allahabad High Court.
Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, who constituted the bench, suggested that High Courts are better suited to handle cases involving disputed religious sites due to their sensitivity and potential to create disquiet in society.
The case revolves around the removal of the Mathura Shahi Idgah Masjid, with the petition seeking its demolition, contending that it was built on Krishna Janmabhoomi land. In response to an appeal challenging the May verdict of the Allahabad High Court, which had allowed the transfer of the suit from the trial court to the High Court, the Supreme Court opined that the matter would be better handled at a higher level to avoid prolonged proceedings and potential complications.
Justice Kaul observed that multiplicity of proceedings and delays are not in the interest of any stakeholder and suggested that it is best for all concerned parties if the matter is consolidated and decided at the High Court level. He further emphasized that such disputes should be handled with a higher level of application of mind, indicating that High Courts possess the experience and capability to handle sensitive cases like this one.
Advocate Tasneem Ahmadi, counsel for the petitioner, argued that the suits were filed in 2020 and the transfer petition was related to a suit challenging a compromise decree from 1968. She questioned the consolidation of suits with different causes of action and expressed concerns over parties' ability to travel to Allahabad for trial hearings. However, Justice Kaul asserted that settling the issue at the High Court level would be beneficial and ensure a better handling of the suit.
The Supreme Court has now requested the High Court Registrar to provide details of all suits involved in the dispute to assess the consolidation of cases and determine how the trial should proceed. The court has scheduled the next hearing in three weeks.
The transfer application to the High Court was allowed in May, with the High Court observing that the suits involved in the dispute concern crores of devotees of Lord Krishna and hold national importance. The transfer aims to expedite the proceedings and avoid any further delays in resolving the matter.
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