The Supreme Court on Friday refused to stay the proceedings before the Allahabad High Court on suits related to the Sri Krishna Janmabhoomi-Shahi Idgah dispute, saying it will not be fair to interfere with the high court order without hearing both the sides.
The apex court was hearing a petition challenging an order of the high court which had transferred to itself all matters related to the dispute pending before a Mathura court.
The plea filed by the Committee of Management Trust Shahi Masjid Idgah challenging the May 26 order of the high court came up for hearing before a bench headed by Justice Sanjay Kishan Kaul.
The counsel appearing for the petitioner urged the bench, also comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, to stay the ongoing proceedings before the high court.
“Without hearing both the sides, it will not be fair to interfere with the high court order,” the bench said, adding, “Last time, we did not stay it. Now, you say there is something more to be said. That does not mean there has to be a stay.”
The apex court noted altogether 18 petitions were pending before the high court in the matter.
The petitioner’s counsel said they do not have the financial wherewithal to go to Allahabad to contest the suits as the distance from Mathura to there is about more than 600 km.
The counsel said hearing the suits in Delhi will be convenient to them as it takes two to three hours to reach the national capital from Mathura.
The bench said this submission was very difficult to accept as the court in the Delhi was already overburdened.
“It is not acceptable to us that you can come to Delhi but not go to Allahabad,” it said.
The bench said it will have to hear the matter and test the order passed by the high court.
When the petitioner’s counsel urged the court to stay the proceedings going on in the Allahabad High Court, the bench said, “We will have to hear that why should we treat this as a case and make it blow out of proportion. Let it be like any other ordinary case”.
The bench said the matter will have to be heard and asked both the parties to file their short synopses running into not more than three pages each.
It posted the matter for hearing on January 9.
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“Personally, I cannot show mistrust in the Allahabad High Court,” Justice Kaul observed.
The petitioner’s counsel said there was no mistrust at all.
In Mathura, Bal Krishna through Hindu Sena chief Vishnu Gupta and others had filed a suit in the court of Civil Judge Senior Division (III) for shifting of the Shahi Masjid Idgah, which they claim was constructed on a part of the 13.37 acre land of the Sri Krishna Janmabhoomi Trust.
The high court had on May 26 transferred to itself all matters related to the Sri Krishna Janmabhoomi-Shahi Idgah dispute pending before the Mathura court.
It had passed the order while allowing the transfer application filed by Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat Mathura (deity) through the next friend, Ranjana Agnihotri, and seven others.
The petitioners before the high court had requested that the original trial must be conducted by the high court like Ayodhya’s Babri Masjid-Ram Janmabhoomi title dispute.
