New Delhi: The Supreme Court Tuesday issued a reminder to the Allahabad High Court registry to send the information and documents in connection with the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, which is presently being heard by the high court, and also directed the concerned registrar to be present before it.
A bench comprising justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that the report from the high court has not been placed before the court. “We wanted to know how many cases are there…so that there is certainty which are the cases...," the bench told the counsel representing the Committee of Management Trust Shahi Masjid Idgah.
The bench said the registrar of the high court was supposed to submit details before the apex court. The counsel said she has certain instructions from her client that the decrees that have been challenged in these suits are neither 1973 nor 1968. “For the last 50 years, both communities have been living in peace. There has never been a problem. It is only now these suits have been filed by people who are actually outsiders and who have formed these trusts or taken over trusts," said the counsel.
The counsel said her clients do not have funds to travel to Allahabad and urged the proceedings to be shifted to a site closer to the mosque. She said that from Mathura to Allahabad, it is 600 km but from Mathura to Delhi it is just 150 km. Justice Kaul said this is a problem of the Allahabad and Lucknow high courts and nobody wants to take a hard decision there.
The bench said, “Let us first get at least a list of the cases…Let us at least know what are the contours”. After hearing submissions, the bench, in its order, said: “The office report shows that in pursuance to our order July 21, 2023, sent to the registrar of the high court….no information/ documents received from the registrar of the high court. The reminder may be sent along with the last order and the orders be placed before the chief justice on the administrative side so that we have a proper response and the concerned registrar of the high court to remain personally present in court”.
Senior advocate C S Vaidyanathan said there is one suit which has been filed on behalf of the deity on August 10, and requested the court to take it up as well.
The top court scheduled the matter for further hearing on October 30. On July 21, the Supreme Court had directed the Allahabad High Court registrat to furnish details of suits pending in connection with Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute, which were sought to be consolidated and adjudicated by the high court.
The apex court, in its July 21 order, had said: “On hearing learned counsel for parties we consider it appropriate that the Registrar of the High Court should forward to us as to what are the suits which are sought to be consolidated by the impugned order as there appears to be a little generality to the directions issued”.
The top court was hearing a plea challenging the order passed by the Allahabad High Court in May this year, transferring all pending suits related to the Krishna Janmabhoomi-Shahi Idgah dispute from the Mathura court to itself.
Also read: SC declines to entertain plea for scientific survey of the Krishna Janmabhoomi-Shahi Idgah premises
