New Delhi: The Supreme Court on Friday (January 10) took a prima facie view in favour of the Allahabad High Court decision said that consolidating of suits in the Krishna Janmabhoomi-Shahi Idgah masjid dispute will benefit both the Hindu and Muslim sides and will help avoiding multiple proceedings.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar said this while hearing an appeal filed by the Shahi Idgah mosque committee challenging the Allahabad High Court consolidating suits in the dispute.
Why should we intervene in the issue of consolidation of suits, bench asked
The bench said that it is seized of an issue related to the 1991 Places of Worship Act and asked as to why it should intervene on the matter of the consolidation of the lawsuits at the moment.
“Why should we intervene in the issue of consolidation of suits,” the bench asked.
The counsel representing the Muslim side told the bench that suits which are not similar in nature have been consolidated and it will lead to complications.
It’s better if all similar suits are taken together: Apex Court
“No complications at all. It is is in your (Muslim side) benefit and their (Hindu side) benefit also that multiple proceedings are avoided. We are examining the larger issue (pleas on Places of Worship Act). How does it make a difference? It’s better if all similar suits are taken together. Everything is not to be contested,” the bench said.
The bench, after hearing submissions, adjourned the matter and listed it for hearing in April.
High Court consolidated Hindu side suits
The High Court in its January 11 last year order, which was passed on an application of the Hindu side, consolidated 15 suits related to dispute in Mathura “in interest of justice”.
“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 to the parties, and to avoid conflicting judgments it appears expedient in the interest of justice to consolidate the suits with each other,” the High Court had said in its order.
High Court rejected Muslim side plea seeking recall of consolidation order
The High Court in October last year rejected an application filed by the Shahi Idgah mosque committee to recall its order consolidating all suits filed related to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute at Mathura.
The Hindu side in their suits seeking removal of the Shahi Idgah Masjid, restoration of temple and for permanent injunction.
