SC asks Muslim side if appeal should be filed in Allahabad HC
New Delhi: The Supreme Court on Tuesday asked the Muslim parties to apprise it whether an appeal before a division bench of the Allahabad High Court would lie against the single-judge order which rejected their petition challenging the maintainability of 18 cases related to the Krishna Janmabhoomi-Shahi Idgah dispute in Mathura.
A bench of Justices Sanjiv Khanna and Sanjay Kumar, which was initially inclined to issue notice to the Hindu side on the appeal filed by Muslim parties against the August 1 order of the high court, posted the matter for further hearing on November 4.
Senior advocate Madhavi Divan and advocate Vishnu Shankar Jain, appearing for the Hindu side said that the top court had earlier stayed the operation of order, appointing court commissioner for survey of the Idgah complex and now it should be vacated.
The bench said that there are several legal issues in the matter, which needs detailed consideration and directed that all the pending matters on the dispute will be taken up together. One of the lawyers, appearing for the Hindu parties, raised preliminary objection on filing of appeal before the Apex Court saying that August 1 order is an appealable decision before the division bench of the high court.
Agreeing with the contention, the bench told senior advocate Tasneem Ahmadi, appearing for the Committee of Management Trust, Shahi Masjid Idgah, to apprise the court whether they can file an appeal before the division bench. “I think you (Muslim side) can do it. There are some judgements of this court, which says you can do. If you can do so, then this appeal needs to be withdrawn,” the bench said. agencies
Law firm Karanjawala and Company is representing Rajendra Maheshwari, one of the original Hindu parties, who filed a suit in 2020 before the Mathura court in the dispute.
On August 1, the high court rejected the plea challenging the maintainability of 18 cases related to the temple-mosque dispute in Mathura, and ruled that the “religious character” of Shahi Idgah needs to be determined.
The high court had dismissed the Muslim side’s contention that the suits filed by Hindu litigants relating to the dispute over the mosque complex adjoining the temple violated the Places of Worship (Special Provisions) Act, and were thus not maintainable.
