A lawyer, appearing for the Committee of Management Trust Shahi Idgah, said the lawsuits were not similar in nature and yet have been consolidated by the High Court.
The Supreme Court on Friday took a prima facie view favouring the decision of the Allahabad High Court to combine 15 lawsuits related to Mathura Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute, saying the consolidation will be beneficial for both Hindu and Muslim sides.
According to Live Law, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar orally observed that consolidating all the lawsuits, saying it favours both sides of the litigation.
The bench was hearing the Special Leave Petition filed by the Shahi Mosque Committee Challenging the order passed by Allahabad High Court on January 11 last year, directing that the 15 suits on an application filed by the Hindu plaintiff be consolidated "in interest of justice." In May 2023, the High Court had transferred to itself all the suits from the trial court.
At the beginning of hearing on Friday, the SC bench said it is seized of an issue related to a 1991 law on places of worship and asked as to why it should intervene on the matter of the consolidation of the lawsuits at the moment, as reported by Press Trust of India.
"If required, you can raise the plea later," the CJI told the lawyer representing the mosque committee.
The bench, however, said, "No complications at all… it is in your benefit and their benefit also as multiple proceedings are being avoided."
"Why should we interfere on the issue of consolidation (of lawsuits)? In any case, we are hearing the issue. What difference does it make if it is consolidated?," the CJI said.
The top court, on March 19 last year, had disposed of the plea challenging the high court order consolidating 15 suits related to Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
On Friday, a lawyer, appearing for the Committee of Management Trust Shahi Masjid Idgah, said the lawsuits were not similar in nature and yet have been consolidated by the high court.
The lawyer insisted the situation will "lead to complications as dissimilar lawsuits will be taken up together."
The high court had ordered, "These suits are of similar nature. The proceedings in these suits can be taken up, and the suits may be decided simultaneously on the basis of common evidence. To save the time of the court, the expenses to be incurred by the parties, and to avoid conflicting judgments, it appears expedient in the interest of justice to consolidate the suits with each other."
History of the case
Hindu plaintiffs, including the Shri Krishna Janmabhoomi Trust, seek to annul a 1968 compromise between the mosque committee and the Shri Krishna Janmasthan Seva Sangh, which allowed the mosque to remain adjacent to the Krishna Janmabhoomi Temple.
According to Hindustan Times, the legal battle intensified in July 2023 when the Supreme Court began hearing challenges to a May 26, 2023, Allahabad high court order transferring all suits filed by Hindu parties to itself. The mosque management committee opposed this transfer, citing financial and logistical burdens, as the high court is 600 km from Mathura.
The Hindu side had made a prayer before the high court that it should conduct the original trial like it had done in the Babri Masjid-Ram Janmabhoomi title dispute.
On another issue related to the dispute, the top court, on January 29, 2024, had ordered continuance of the interim stay on the operation of the high court order for a court-monitored survey of the Shahi Idgah Mosque complex adjoining the Krishna Janmabhoomi temple in Mathura.
On January 16, 2024, it had stayed the operation of the December 14, 2023, order of the Allahabad High Court allowing a court-monitored survey of the Shahi Idgah Mosque complex.
It had also stayed the order of the high court by which it agreed to the appointment of a court commissioner to oversee the survey of the mosque premises. The Hindu side claimed the survey shows signs suggesting it was once a temple.