Krishna Janmabhoomi case: SC issues notice on mosque committee plea against clubbing suits

The Supreme Court issued notices on a plea of the mosque committee against the Allahabad High Court. File
| Photo Credit: ANI

The Supreme Court on Friday (April 4, 2025) issued notices on a plea of the mosque committee against the Allahabad High Court consolidating all suits of the Hindu side in relation to the Mathura Krishna Janmabhoomi-Shahi Idgah dispute.

The High Court on October 23, last year, rejected an application of the Committee of Management, Trust Shahi Masjid Idgah seeking the recall of its January 11 order which consolidated all suits of the Hindu side in the case.

The mosque committee had moved the High Court after the top court on March 19, last year, asked it to first seek the recall of the order consolidating the lawsuits there.

On Friday, a Bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan noted the submissions of the mosque committee’s counsel and advocate Vishnu Shankar Jain, representing some Hindu litigants, and issued the notices.

The Bench said the notices would be served on all the respondents within seven days.

Aside from “Bhagwan Shrikrishna Virajman”, the mosque committee made 10 parties as respondents to its plea.

The mosque committee also filed a separate plea challenging another order of the Allahabad High Court by which it said the Union Ministry of Home Affairs and the Archaeological Survey of India (ASI) were to be made parties to the pending lawsuits of Hindu side.

The top court said there was a right to amend the petition under the Civil Procedure Code if any fresh ground was taken by the other side in its reply to the lawsuit.

The Bench, however, deferred the hearing on the plea to April 8, when it would take up cases relating to the Krishna Janmabhoomi-Shahi Idgah dispute.

The Allahabad High Court previously turned down the plea of the Muslim side, refusing to accept that the order for the consolidation should be issued only after the framing of issues and collecting evidence.

“It is the court alone which has to decide whether two or more cases of similar nature, as in present cases, have to be consolidated or not. The consent of parties is immaterial,” it said.

The High Court added, “Because of the consolidation of cases, the court’s time will be saved, there would be no chance of a different type of order in similar matters and further the parties would be in a gainful position from heavy expenses.” The High Court on August 1, 2024, ordered the framing of issues but no issues have been framed so far.

The controversy is related to Mughal emperor Aurangzeb-era Shahi Idgah mosque at Mathura which the Hindu side claims has been built after demolishing a temple at the birthplace of Lord Krishna.

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