To Avoid Delays And Multiplicity, Allahabad HC To Hear All Krishna Janmabhoomi Cases
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack
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By Sunil Garodia
First publised on 2023-07-24 01:22:41
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Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack
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The Committee of Management Trust Shahi Idgah Masjid approached the Supreme Court to challenge the order of the Allahabad High Court that had referred to itself all the 16 suits pending before the civil court n Mathura on the Krishna Janmabhoomi-Shahi Idgah Masjid dispute. Its main contention was that by consolidating the cases and choosing to transfer them to the high court, the court was depriving the appellants the opportunity of two appeals. In ordinary course, if the matter was heard by the civil court, any order passed by that court could have been challenged in the Mathura district court and likewise the district court order in the Allahabad HC. The committee contended that the matter should move as per judicial hierarchy and it should have the right to appeal each order in the manner set forth by law.
But the Supreme Court was of the view that such cases move at a snail's pace in lower courts and history (probably the court was referring to the Ram Janmabhhomi-Babri Masjid case without taking names) has shown that delay in such matters causes disquiet one way or the other. It also said that multiplicity (16 suits are pending in the matter) of suits is not desirable in the same matter as it often leads to delays and prolongation of the case. It held that the application of mind should be at the high court stage and the Allahabad HC should adjudicate on the matter, including deciding on the preliminary objection to the maintainability of the suits.
While the committee is not wrong in asking for the case to move as per judicial hierarchy as it will afford it opportunity to challenge the orders in successive higher courts, the Supreme Court is also right in recognizing the potential mischief that can happen if the case drags on for years in the lower courts. The nation had seen how the Ram Janmabhoomi-Babri Masjid case went on for years (during which period the Masjid was brought down and a shilanyas was performed and passions were inflamed every few months leading to disturbed relations between the Hindus and the Muslims). But if the Allahabad HC hears all suits in a consolidated manner, applies its mind and delivers a verdict that can only be challenged in the Supreme Court, the case can be decided within a much shorter time span and chances for mischief will also be reduced.
