Shahi Idgah case: Plea against suit consolidation disposed

Shahi Idgah case: Plea against suit consolidation disposed

The petition challenging the Allahabad High Court's decision to consolidate 15 suits concerning the Mathura's Krishna Janmabhoomi-Shahi Idgah Masjid dispute has been declined to be entertained by the Supreme Court. 

The bench, composed of Justices Sanjiv Khanna and Dipankar Datta, noted that the application seeking a recall of the order, submitted by the Shahi Masjid Idgah committee, was already under consideration by the high court.

The Allahabad High Court, in a directive issued on January 11, ordered the consolidation of the 15 suits related to the Krishna Janmabhoomi dispute, responding to an application filed by the Hindu plaintiff. However, the Shahi Masjid Idgah Trust committee contested this decision, arguing that the consolidation occurred hastily and without proper deliberation. They particularly objected to designating one suit as the lead case.

The petition submitted to the Supreme Court emphasized the diverse claims and reliefs sought by the parties involved in the suits, expressing concerns that the consolidation could result in a miscarriage of justice. Moreover, it criticized the lack of reasoning provided by the High Court for its decision, especially in light of a pending petition before the Supreme Court challenging the transfer of suits from the Mathura district court to the High Court.

This latest development comes after the Supreme Court's intervention in January, where it stayed an earlier order by the Allahabad High Court. The High Court's decision had permitted a court-monitored survey of the Shahi Idgah Mosque complex adjacent to the Krishna Janmabhoomi temple in Mathura, along with the appointment of a court commissioner to oversee the survey.

The dispute over the Shahi Idgah Mosque complex revolves around claims by the Hindu side asserting that the site was originally a temple. They have urged the High Court to conduct a trial similar to the one conducted in the Babri Masjid-Ram Janmabhoomi title dispute.

 

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