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Synopsis

Supreme Court today 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.

"I am only talking on the aspect of experience. I really feel this matter should be tackled at a different level and dealt with soon..We will say that High Court should deal with parity..", added Justice SK Kaul.

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

These observations came to be made by the top 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.

Supreme Court has now called for details on the matter from the Registrar of the High Court. "Let us call for details. We will see. We are not deciding anything now..we will see how trial should proceed. We will lay down some modalities", the division bench added.

The instant petition filed by the Muslim side contends that the HC's judgement is bad on facts and on law and denies the statutory right of appeal to the parties by taking away two appellate stages of the suit. 

It has been further stated the High Court erred in accepting the "prophecy" of the respondents (those who filed the suits) that it will take long for the trial court to decide the said suit, especially when the suit could not proceed by  virtue of the stay granted by a coordinate bench of the High Court. 

The petitioner, which sought stay of the order an interim relief, also contended that the primary suit was barred by the provisions 
of Order XXIII, Rule 3A of the Code of Civil Procedure, 1908, as 
well as the Places of Worship (Special Provisions) Act, 1991 and its maintainability ought to be decided as a preliminary issue without its transfer to the High Court.

While passing the impugned order, the high court exercised jurisdiction under Section 24 CPC and referred to the case of Ram Janambhoomi, which was transferred to the High Court from the subordinate courts.

The High Court bench of Justice Arvind Kumar Mishra also rejected the contentions raised by the U.P. Sunni Central Waqf Board and other respondent parties that their right of appeal will be lost if the suit is transferred to the High Court and it would be inconvenient for the witnesses who reside in Mathura to give evidence at Prayagraj.

The application before the high court had contended that the issue raised in the said suits is of national importance and raises substantial questions of law, which only the high court can decide. 

Bhagwan Shrikrishna Virajman And 7 Others moved the high court seeking transfer of suit no. 353/2022 pending in the Court of Civil Judge Senior Division, Mathura to the high court earlier this year.

The applicants alleged that subsequent to the registration of suit no. 353/2022, a number of suits had been filed pertaining to the land dispute concerning Shahi Idgah.  Even the content of the suit plaint has been copied verbatim, the applicants claimed. 

It has been alleged that the 13.37 acres of land, which also includes the mosque area, is the Krishna Janmbhoomi land, and, an illegal structure was raised by Muslims over it.

Case Title: COMMITTEE OF MANAGEMENT, TRUST SHAHI MASJID IDGAH vs. BHAGWAN SHRIKRISHNA VIRAJMAN & ORS.