The Supreme Court on Friday upheld the Allahabad High Court’s decision to consolidate 15 lawsuits filed by Hindu petitioners in the Mathura Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute case.
The top court’s Bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, observed that the consolidation of suits could benefits both parties and adjourned the matter.
The Allahabad High Court had, on January 11 last year, directed the consolidation of these cases “in the interest of justice.”
The Shahi Idgah Masjid Committee has opposed the consolidation, arguing that the lawsuits differ in nature and should be treated independently to avoid complocations in the future.
Disagreeing with the lawyer, the Bench noted: “No complications at all… it is in your benefit and their benefit also as multiple proceedings are being avoided. Why should we interfere on the issue of consolidation (of lawsuits)? In any case, we are hearing the issue.”
CJI Khanna remarked consolidation “makes no difference” and advised the mosque committee’s lawyer to raise the plea later if required.
“What difference does it make if it is consolidated? Anyway, think about it, we are adjourning it, but I think consolidation makes no difference at all,” he said.
The court adjourned the matter to the week commencing April 1 while maintaining its prima facie approval of the consolidation. It also reiterated a December 2022 order restraining courts across the country from entertaining fresh lawsuits or passing interim orders in cases seeking to reclaim religious places, including mosques and dargahs.
The Allahabad High Court had last year justified the consolidation by citing procedural efficiency. Justice Mayank Kumar Jain had stated, “These suits are of a similar nature… 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.”
The consolidated lawsuits revolve around a common prayer for the removal of the Shahi Idgah Mosque, located on the 13.37-acre complex that includes the Katra Keshav Dev temple. Advocate Vishnu Shankar Jain, representing the Hindu plaintiffs, said the original suit was filed in 2020, and additional suits with similar claims followed.
(With inputs from PTI)
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