Difficult to accept contention that parties don’t have wherewithal to travel to Allahabad HC, says SC on Shahi Masjid Eidgah managment’s plea

New Delhi, Nov 10 (IANS) The Supreme Court on Friday remarked that it will be “difficult” to accept the contention raised by the management committee of the Shahi Masjid Eidgah in Mathura that all the parties do not have the wherewithal to travel to the Allahabad High Court.

The observation was made by a bench headed by Justice S.K. Kaul as it heard a plea filed by the mosque management committee against an order passed by the Allahabad High Court in May, transferring to itself a clutch of petitions seeking various reliefs with respect to the Krishna Janmabhoomi-Shahi Eidgah dispute.

“It is not acceptable to us that you can come to Delhi but could not go to Allahabad,” said the bench, also comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, after counsel appearing for the mosque committee pointed out that the distance between Allahabad and Mathura is 600 km, but from Mathura to Delhi, it is about 100 km only.

The top court said that courts in Delhi are already “overburdened” with work and it will not be “fair” to transfer an issue arising from any other state to the national capital.

The Supreme Court refused to pass any orders restraining the Allahabad High Court from hearing the civil suits which it had transferred to itself and adjourned the hearing to January 9.

In the meantime, it asked parties to file short synopsis not exceeding three pages.

In an affidavit filed before the apex court, the Registrar General informed that a total of 16 civil suits have been transferred to the Allahabad High Court by the Mathura District Judge.

The special leave petition filed by the mosque management committee stated that the transfer of suits by the HC to itself deprives the appellate jurisdiction of the parties and all the parties do not have the wherewithal to travel to the High Court.

In an earlier hearing, the top court had opined that it will be a better alternative if the case is tried by the high court itself to avoid delay and multiplicity of proceedings. It had called information from the Registrar General of all pending suits ordered to be clubbed and transferred by the high court to itself.

The Hindu devotees, in their transfer petition before the Allahabad High Court, had said that the Krishna Janmabhoomi case in Mathura holds national importance and should be heard in the high court.

Thereafter, the high court has transferred the cases currently being heard in the lower court in Mathura to itself.

Multiple suits had been filed in the Krishna Janmabhoomi-Shahi Eidgah dispute in different courts of Mathura, with a common claim that the Eidgah complex was built on the land believed to be the birthplace of Lord Krishna and where a temple had existed