The top court was hearing an appeal challenging a May verdict of the Allahabad High Court.
The same had allowed a plea by the Hindu parties to transfer the civil suit concerning the Krishna Janmabhoomi – Shahi Idgah Masjid dispute from the trial court to itself.
The main suit in question filed by Hindu parties, has sought the removal of the Mathura Shahi Idgah Masjid on the ground that it was built over Krishna Janmabhoomi land.
While the matter was pending before the trial court, the Hindu side had moved the High Court seeking a transfer of the trial court proceedings to the High Court.
The Hindu side contended that the issues involved concerned crores of Lord Krishna’s devotees and that it was a matter of national importance. It was also highlighted that the case involves substantial questions of law and issues concerning the interpretation of the Constitution of India.
In February, Justice Nalin Kumar Srivastava of the Allahabad High Court agreed to hear the transfer plea, which was eventually allowed in May by Justice Arvind Kumar Mishra I.
The Shahi Masjid Idgah Trust then filed the present appeal before the Supreme Court challenging the said order.
It is trust’s case High Court allowed the transfer plea by relying primarily on a contention that the trial court would take time to decide on the suit.
The Supreme Court had in July this year opined that it would be in the interest of all stakeholders if the matter is heard by the Allahabad High Court since the case is such that it has the potential to create disquiet in the society.
The bench had stated that High Courts are better placed and suited to hear cases involving disputed religious sites.
The bench had indicated that it would provide some guidelines on how to proceed with the suit hearing, and had asked the High Court to provide it details of the number of applications in the matter.
The present affidavit was filed pursuant to the same.
Source: Barandbench
