PRAYGARAJ, Oct 23 : The Allahabad High Court on Wednesday rejected an application to recall its January 11 order that consolidated all suits of the Hindu side in the Krishna Janmabhoomi-Shahi Idgah dispute of Mathura.
Justice Mayank Kumar Jain turned down the application from the Muslim side, stating that the court does not accept the arguments made by the applicant that the order for consolidation should be issued only after the framing of issues and collecting evidence.
The court further observed, “It is the court alone which has to decide whether two or more cases of similar nature, as in present cases, have to be consolidated or not. The consent of parties is immaterial.”
“Because of the consolidation of cases, the court’s time will be saved, there would no chance of a different type of order in similar matters and further the parties would be in a gainful position from heavy expenses,” the High Court said.
It also observed that because of the consolidation of cases, no harm is going to be caused to any of the parties.
Earlier moving theapplication for the Muslim side, Tasneem Ahmadi, a Supreme Court advocate, had submitted that because of consolidation, they will be deprived of their right to oppose all cases. She further said that the matter is in a premature stage.
Cases should not be consolidated before framing of issues and collecting evidence, the lawyer said.
Opposing the application, the Hindu side submitted that once the court is of the opinion that reliefs are the same, the property is the same and the defendants are the same, it is the domain of the court to consolidate the cases and no party has the right to challenge the same. It was also alleged that the objective of the application was to delay court proceedings.
The High Court had on August 1, 2024, ordered the framing of issues but no issues have been framed till now and the court is only hearing applications.
The counsel from the Hindu side, Hari Shanker Jain, had submitted that the consolidation of cases did not mean that the right to contest all the cases would be stopped.
Consolidation of cases is a discretionary power of the court and it cannot be changed by anyone, he submitted.
The court fixed November 6 as the next date of hearing.
On January 11, the high court “in the interest of justice” directed that the 15 suits on an application filed by the Hindu plaintiff be consolidated.
On August 1, the High Court rejected a plea of the Muslim side challenging the maintainability of suits of Hindu worshippers and held that all suits are maintainable.
The court also held that these suits are not barred by the Limitation Act, the Waqf Act and the Places of Worship Act 1991, which prohibits conversion of any religious structure as it existed on August 15, 1947.
These suits have been filed by the Hindu side for the removal of the structure of the Shahi Idgah and possession of the site.
The controversy is related to Mughal emperor Aurangzeb-era Shahi Idgah mosque at Mathura which the Hindu side claims has been built after demolishing a temple at the birthplace of Lord Krishna.( PTI)
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