Krishna Janmabhoomi Dispute| Supreme Court refuses to stay hearing in multiple suits before Allahabad High Court

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The Mosque Committee submitted before court that it was against the transfer of suits itself and they should be heard at Mathura as there was no reason for transferring them to the High Court


The Supreme Court on Friday, November 10, declined to stay the Allahabad High Court's order transferring to itself all the suits filed before the Mathura Court in connection with Krishna Janmabhoomi-Shahi Idgah dispute.

A bench of Justices SK Kaul, Sudhanshu Dhulia, and Ahsanuddin Amanullah did not allow the Mosque Committee's plea to stay the ongoing proceedings in said suits before the High Court too.

The bench noted that it would not be fair to interfere with the high court order without hearing both the sides.

Recently, the Registrar General, Allahabad High Court had tendered an unconditional apology to the Supreme Court of India over the delay in filing a report on the details of all suits transferred to the High Court relating to the Krishna Janmabhoomi dispute.

In the affidavit submitted on October 27, 2023 Rajeev Bharti, the Registrar General has tendered an unconditional apology for inconvenience caused to the court and has ensured to remain more vigilant in future, in every matter.

Court has been further informed that pursuant to the order of the High Court, transferring the suits to itself, a total of 16 (Sixteen) Civil Suits have been received from the District Judge, Mathura.

On October 3, 2023 Supreme Court had sent a reminder to the Allahabad High Court for forwarding the details of all suits filed in the Krishna Janmabhoomi-Shahi Idgah mosque dispute.

Court had earlier called for details on the matter from the Registrar of the High Court while hearing a plea filed by Committee of Management Trust, Shahi Masjid Idgah against the Allahabad High Court's May 26 order, directing for transfer of all suits related to claims on the birthplace of Lord Krishna, to itself.

Notably, on July 21, Supreme Court had orally observed that maybe it would be better if the issue involving the Krishna Janmbhoomi- Shahi Idgah dispute was settled at the High Court level as it would maybe have a better ability to handle a suit of this nature.

The bench was also of the opinion that it would be in the larger interest that all the suits are consolidated and tried by a higher authority.

Recently, a division bench of the Supreme Court had also refused to entertain an SLP filed against the Allahabad High Court's order passed in July whereby it had dismissed a plea filed by the Shri. Krishna Janambhoomi Mukti Nirman Trust seeking a direction for scientific survey of the Krishna Janmabhoomi-Shahi Idgah premises.

Justice SK Kaul led bench has held that the impugned order passed by the Mathura Civil Court cannot be held to be passed without jurisdiction as the same was passed before all suits on the subject were transferred to the High Court.