oppn parties To Avoid Delays And Multiplicity, Allahabad HC To Hear All Krishna Janmabhoomi Cases

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  • Chess World title match: Ding Liren salvages a sraw in the 7th game which he almost lost
  • Experts speculate whether Ding Liren wants the world title match against D Gukesh to go into tie-break after he let off Gukesh easily in the 5th game
  • Tata Memorial Hospital and AIIMS have severely criticized former cricketer and Congress leader Navjot Singh Sidhu for claiming that his wife fought back cancer with home remedies like haldi, garlic and neem. The hospitals warned the public for not going for such unproven remedies and not delaying treatment as it could prove fatal
  • 3 persons died and scores of policemen wer injured when a survey of a mosque in Sambhal near Bareilly in UP turned violent
  • Bangladesh to review power pacts with Indian companies, including those of the Adani group
  • The Indian envoy in Bangladesh was summoned by the country's government over the breach in the Bangladesh mission in Agartala
  • Bank account to soon have 4 nominees each
  • TMC and SP stayed away from the INDIA bloc protest over the Adani issue in the Lok Sabha
  • Delhi HC stops the police from arresting Nadeem Khan over a viral video which the police claimed promoted 'enmity'. Court says 'India's harmony not so fragile'
  • Trafiksol asked to refund IPO money by Sebi on account of alleged fraud
Australia thrassh India in the 4th Test, dim their chances of making the WTC finals, Rohit, Virat and Rahul fail once again
oppn parties
To Avoid Delays And Multiplicity, Allahabad HC To Hear All Krishna Janmabhoomi Cases

By Sunil Garodia
First publised on 2023-07-24 01:22:41

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.

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.