Sri Krishna Janmabhoomi-Shahi Eidgah dispute: Will lay down norms for hearing of suits, says SC

The court added that it the issue is settled at the high court level, it would be better since the level of application of mind would be better

The Supreme Court on Friday said it would lay down norms for hearing a batch of suits related to the Sri Krishna Janmabhoomi-Shahi Eidgah dispute in Mathura, adding it would be in the interest of all stakeholders if the matter is decided “at the earliest” because pendency in such “sensitive” cases create “disquiet”.

The bench was hearing an appeal by the Shahi Masjid Eidgah management committee against an order of the Allahabad high court in May. (HT Photo)

Seeking details of all such pending cases from the Allahabad high court registrar, a bench of justices Sanjay Kishan Kaul and Sudhanshu Dhulia opined that in a matter such as this, it would perhaps be more appropriate for a high court judge to apply his mind.

The bench was hearing an appeal by the Shahi Masjid Eidgah management committee against an order of the Allahabad high court in May, transferring to itself all matters related to the dispute over claims over the land where the Shahi Eidgah stands, adjacent to the Krishna Janmabhoomi temple.

“Looking at the nature of the matter, should it not be decided by the high court only? Pendency in such matters creates disquiet, in one way or the other. Will it not be better for all the stakeholders if multiplicity of proceedings in such sensitive cases is avoided? Someone must apply his mind. I see the objective was to have all matters at one place,” the bench told the lawyer appearing for the Eidgah management committee.

Responding, the lawyer said that the moot issue to be decided is whether a compromise of the management committee with the Society Shree Krishna Janamasthan Seva Sangh in 1968 could be annulled now, as has been pressed for by the Hindu plaintiffs in their suits.

“So, everything will ultimately depend on whether a compromise can be challenged after a gap of so many years. We think it’s in the larger interest of everyone that all suits are tried together and decided at the earliest. The fundamentals underlying all the suits will be common,” replied the bench.

The court added that it the issue is settled at the high court level, it would be better since the level of application of mind would be better. “It could be because of the better ability of high court judges to handle such suits..We really think this matter should be heard at a higher level and tackled on priority,” remarked the bench.

It mulled over issuing certain directions to the high court for taking up the case on priority while leaving all objections and issues open for them to be raised by the Eidgah management committee. “Something will have to be laid down. We are not averse to any particular court hearing it. We will lay down some norms for proceeding in the matter,” said the bench.

With no details before the top court on the number of such suits pending in different courts at Mathura, the bench proceeded to direct the high court registrar general to forward to the apex court the details of all such suits within three weeks.

The May 26 order by the high court came on a plea by Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat Mathura (deity) through the so-called next friend, Ranjana Agnihotri, who is also an advocate, and seven others. Next friend is a legal representative of someone incapable of maintaining a suit directly, in this case the deity. The petitioners had requested that the original trial be conducted by the high court as the matter involved is of national importance.

Accepting their plea, the high court directed the district judge, Mathura, to prepare a list and records of all cases of similar nature involving the subject matter and touching upon its periphery, expressly or by implication.

“Thereafter, all such matters shall be duly forwarded to this court within two weeks and the same shall stand transferred to this court in exercise of suo motu powers of this court,” the high court said in May.

The single judge bench had at that time requested the chief justice of the high court to nominate an appropriate bench for trial and disposal of such suits.

Multiple suits have been filed in the Krishna Janmabhoomi-Shahi Eidgah dispute in different courts of Mathura, with a common claim that the Eidgah complex was constructed on a part of 13.37-acre land belonging to the Sri Krishna Janmabhoomi Trust. The suits have demanded that the mosque, which abuts the temple, be removed and the land returned to the trust.