New Delhi: The Supreme Court on Tuesday disposed of an appeal filed by the Committee of Management Trust Shahi Masjid Idgah challenging direction by the Allahabad High Court to consolidate suits concerning the Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
The apex court noted that an application to recall the order under challenge is pending before the Allahabad High Court, and granted liberty to the mosque trust to revive the present appeal if aggrieved by the outcome of the recall application.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta told the counsel, representing the Muslim side, "What difference does it make if cases are consolidated?” The counsel submitted that if cases were consolidated then it would only cause complications. Justice Khanna queried the counsel, “What complications? They (the high court) can always recall the order if there were any complications".
After the counsel mentioned the application for recall in the high court, the bench said, “Then this writ petition should not be heard till that is decided?” The counsel said the matter may be kept pending. Justice Khanna said, “The high court order should not be passed without notice, that is wrong and haste and hurry lead to complications”. Senior advocate Garima Prasad and advocate Vishnu Jain were representing the respondents. The masjid side has filed a petition against Bhagwan Shrikrishna Virajman's next friend and others. Putting a query to Prasad, Justice Khanna said their precise allegation is that it was passed without notice. “It was listed and decided the same day. It should not be done”, said Justice Khanna.
Justice Datta pointed out that one Nasiruzaman consented and one Pracha opposed and they were appearing for both defendant number 2, what is the position? Prasad said first both of them consented. Justice Khanna said no, if the court proceeds in haste and hurry then you will get into difficulty.
“We can simply set aside the order, as they were not heard”, said Justice Khanna. Prasad replied that on December 18, 2023, the notice was issued. “Their precise contention is that they were not served and it was listed for the first time…”, said the bench.
The petitioner’s counsel said her client was not given time to reply and no notice was issued on the application, and the court had not issued notice and the next day it was just taken up. “We have no hesitation, we can set aside this order and remand it back, when was the notice served?”, said the bench.
Prasad said notice was served on December 18 and subsequent to that other parties filed their objection and they were considered. The bench noted that the petitioner's recall application is pending in the high court and let that recall application be decided.
The bench noted that the petitioner has filed an application for review of the judgment before the Allahabad High Court. “We dispose of the present special leave petition with the liberty to the petitioner to revive the same, post the decision of the review/recall”, said the bench, in its order. The petitioner’s counsel said there could be a review application that may be taken up.
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