Krishna Janmabhoomi-Shahi Idgah Case: SC Signals Plan To Send Lead Suit Issue Back To Allahabad HC

The Bench of Justices Sanjay Kumar and Sanjeev Sachdeva granted the adjournment after respondents 9 to 13 sought more time in the connected matters.

The Court, however, expressed concern over repeated adjournments and referred to submissions made during the previous hearing that discussions among the plaintiffs were underway and that a possible settlement was in sight.

Senior Advocate Shyam Divan, appearing for the Hindu side, clarified that he was not part of any such discussions.

The Bench recalled that “there was a gentleman” who had informed the Court on the previous occasion about the discussions.

The matter was accordingly directed to be listed on September 2. Counsel appearing before the Bench requested that no further adjournments be granted.

The Court responded that the parties would have to take a decision, observing that on one date the Court was told that a settlement was being discussed, while on the next date a different position was emerging.

The Bench also made it clear that it was already inclined to remit the issue concerning the lead case and representative suit back to the Allahabad High Court.

The Court explained that the High Court had not put all the plaintiffs on notice before proposing to adopt the course it ultimately contemplated.

“We have already indicated that we are inclined to send it back because the High Court did not put all of the plaintiffs on notice that this is what it was proposing to do,” the Bench observed.

The Court further noted that the application before the High Court concerned an altogether different issue and that the plaintiffs were not aware that the High Court intended to pass an order affecting the lead case or representative suit.

“Therefore we were planning to send it back in any event,” the Bench said.

The Court also told the parties that they needed to be “on the same page” regarding the course already indicated by the Supreme Court. If they were not, the Court said, it would hear their respective contentions.

“Otherwise the door is quite open already,” the Bench remarked.

The dispute concerns the Krishna Janmabhoomi-Shahi Idgah litigation pending before the Allahabad High Court, including the question of which suit should be treated as the lead or representative suit for adjudication of the claims concerning the disputed site.

The Supreme Court's observations indicate that it is inclined to allow the Allahabad High Court to reconsider the issue after ensuring that all concerned plaintiffs are given an opportunity to be heard.

The matter will now be taken up on September 2.

Notably, in July, the Allahabad High Court in Mathura’s Krishna Janmabhoomi–Shahi Idgah dispute had allowed a civil suit to proceed as a representative case, enabling the plaintiffs to pursue the matter on behalf of all devotees of Lord Krishna.