On October 24, the Allahabad High Court rejected a recall petition filed by the Shahi Eidgah Mosque management committee. The petition sought to challenge the court’s earlier order that consolidated multiple lawsuits concerning the long-standing Shri Krishna Janmabhoomi-Shahi Eidgah dispute in Mathura.
The petition targeted the court’s January 11, 2023 order, which merged 15 lawsuits related to the dispute under the procedural framework of Order IV-A of the Civil Procedure Code. The consolidation was initiated by Hindu plaintiffs, who argued that the merging of the cases would ensure a more streamlined and just resolution of the matter.
The court agreed, citing the necessity of managing the complex legal landscape involving multiple stakeholders. Despite this, the Shahi Eidgah Mosque management committee filed their recall petition, asserting that consolidating these cases deprived them of the ability to contest each individual lawsuit separately.
The court’s dismissal of the recall petition was unequivocal. Justice Jain, who presided over the matter, pointed out that there had been no objections raised regarding the consolidation when the decision was first pronounced on August 1, 2023. He noted that the mosque committee had ample opportunity to raise their concerns but failed to do so at the appropriate juncture. Furthermore, in the same August ruling, Justice Jain had dismissed earlier applications by the mosque committee that sought to challenge the legal standing of the cases brought forth by the Hindu devotees.
During the hearing, the lawyer representing the Hindu plaintiffs defended the consolidation, emphasising that the decision was well within the court’s jurisdiction. The lawyer argued that the merging of cases was a procedural matter that did not impinge upon the mosque committee’s right to defend their position. “Consolidation does not take away their ability to oppose these suits,” the lawyer stated, underscoring that the court’s discretion in these matters is not open to reversal.
The historical and religious context of the dispute cannot be understated. The controversy centres on the location where stands the Shahi Eidgah Mosque believed to have been constructed on the site of a demolished mandir marking the birthplace of Shri Krishna. Built during the reign of Mughal tyrant Aurangzeb.
The next routine hearing in the case has been scheduled for November 6, 2024, where 18 related suits, filed by Hindu devotees, will be under consideration.
