Krishna Janmabhoomi-Shahi Idgah case: HC refuses to recall order on consolidating all suits

Opposing the application from the Hindu side, it was submitted that once the court is of the opinion that reliefs are the same, the property is the same and further that the defendants are the same, it is the domain of the court to consolidate the cases and no party has 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 had 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.