The Allahabad High Court on Wednesday reserved its verdict on a plea by the Muslim side to reconsider its earlier decision consolidating all suits concerning the contentious Krishna Janmabhoomi-Shahi Idgah mosque dispute in Mathura. This case involves claims that the Shahi Idgah mosque, dating back to the era of Mughal Emperor Aurangzeb, was constructed at the birthplace of Lord Krishna after demolishing a Hindu temple.
Senior advocate Taslima Aziz Ahmadi, representing the Muslim petitioners, argued against the January 11 order for consolidation, suggesting it would impede their ability to challenge each case effectively. “It is a premature stage for such consolidation before the framing of issues and collection of evidence,” Ahmadi stated in court.
The plea also expressed concerns that without framed issues, it cannot be assumed that the suits are common in nature, potentially complicating the legal process.
In contrast, Hari Shanker Jain, counsel for the Hindu side, defended the court’s decision to consolidate, asserting that it falls within the judicial domain and is not open to challenge by the parties. Jain accused the opposition of attempting to delay the proceedings, noting that despite a directive from the court on August 1 to frame issues, the process has stalled due to ongoing applications.
Justice Mayank Kumar Jain, who is overseeing the 18 consolidated suits, had previously dismissed a maintainability challenge from the Muslim side on August 1, affirming that the suits are legally sustainable and not precluded by the Limitation Act, Waqf Act, or the Places of Worship Act of 1991. The latter legislation prohibits altering the religious nature of places of worship as they existed on August 15, 1947.
