30 Oct 2023 12:09 PM GMT
The Supreme Court on Monday (October 30) revealed that the Allahabad High Court's registry has furnished relevant information and documents relating to the suits over the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute pending before the high court.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia is hearing a special leave petition filed by the mosque committee challenging a May 2023 order of the Allahabad High Court transferring to itself a clutch of suits over the ongoing land dispute.
Earlier this year, the bench indicated that it would be better if the high court decided the matter to avoid the ‘disquiet’ caused by a multiplicity of proceedings and prolonged pendency of the dispute. The court also sought details from the high court registry pertaining to the civil suits that were directed to be consolidated and transferred from the trial court.
On the last occasion, it was disclosed that despite its earlier order, no information or document has been sent by the registry of the Allahabad High Court. While adjourning the hearing, the Supreme Court issued a firm reminder to the Allahabad High Court's registry to send requisite information and documents regarding the land dispute. Besides this, the Justice Kaul-led bench instructed the July 21 order to be placed before Chief Justice Pritinker Diwaker "on the administrative side to ensure a proper response" and the concerned registrar to be personally present in court on the next day.
Today's hearing also had to be adjourned since the high court registry filed its report on Friday, October 27. Directing the proceedings to be deferred until November 10, Justice Kaul said, "This is the problem, nothing was coming from the high court. First we have to see [the documents]. The affidavit on behalf of high court was filed on Friday and thus it is not on record. A copy has been handed over in the court and we would like to go through it."
Background
The controversy is related to Mughal emperor Aurangazeb-era Shahi Eidgah mosque at Mathura, which is alleged to be built after demolishing the Temple at the birth place of Sri Krishna.
In 1968, a 'compromise agreement' was brokered between the Shri Krishna Janmasthan Seva Sansthan, which is the temple management authority, and the Trust Shahi Masjid Eidgah allowing both places of worship to operate simultaneously. However, the validity of this agreement has now been doubted by parties seeking various forms of relief in courts with respect to the Krishna Janmabhoomi. The litigants’ contention is that the compromise agreement was made fraudulently and is invalid in law. Claiming a right to worship at the disputed site, many of them have sought the Shahi Eidgah mosque’s removal.
In May, the Allahabad High Court transferred to itself all the suits pending before the Mathura court praying for various reliefs pertaining to the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, allowing the transfer application filed by Bhagwan Shrikrishna Virajman and seven others. In the operative part of its order, a single-judge bench of Justice Arvind Kumar Mishra observed:
"...Looking to the fact that as many as 10 suits are stated to be pending before the civil court and also there 25 should be more suits that can be said to be pending and issue can be said to be seminal public importance affected the masses beyond tribe and beyond communities having not proceeded an inch further since their institution on merits for past two to three years, provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this Court under Section 24(1)(b) CPC."
This transfer order has been challenged in the Supreme Court by the mosque committee.
In related news, last month, the apex court refused to entertain a plea by the Shri Krishna Janmabhoomi Mukti Nirman Trust seeking a scientific survey of Shahi Eidgah Masjid premises, leaving all questions relating to the ongoing land dispute open to the Allahabad High Court to decide. Recently, the high court dismissed a public interest litigation (PIL) seeking the recognition of the disputed site as Krishna Janmabhoomi and the removal of the mosque after noting that several suits for declaration, injunction and the right to worship at the site as well as for removal of the structure was already pending before it.
Case Details
Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors. | Special Leave Petition (Civil) No. 14275 of 2023