PRAYAGRAJ: The Allahabad HC transferred all cases related to Shri Krishna Janmabhoomi-Shahi Idgah dispute, currently being heard in the lower courts in Mathura, to itself on Friday.
Justice Arvind Kumar Mishra-1 passed the 26-page judgment, while allowing a transfer application filed by Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat Mathura through Ranjana Agnihotri and seven others. In the transfer application, the petitioners had requested that the original trial must be conducted by HC as the matter involved, like the Ayodhya dispute, is of national importance.
Passing the judgment, the court said, “Let the district judge, Mathura, prepare a list of all such cases of similar nature involving the subject matter and touching upon its periphery, expressly or by implication, which include particulars of such cases and these suits/cases along with record as above. Thereafter, all such matters shall be duly forwarded to this court within two weeks and the same shall stand transferred to this court in exercise of suo motu powers of this court (sic). ”
“These matters have not proceeded an inch further since their institution on merits for the past two to three years. Hence, it provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this court (high court) under Section 24(1)(b) CPC, which gives power to the high court to transfer a case from any district court to other district court or to the high court itself,” the court added.
While passing these directives, the court requested the Chief Justice of Allahabad HC to kindly nominate an appropriate bench for the trial and disposal of the suits transferred from lower court in Mathura to the HC. The opposite side, UP Sunni Central Waqf Board and management committee of Shahi Idgah Masjid, opposed the transfer petitions, saying that the only ground taken by the petitioner that the matter had spread to the entire country and is concerned with crores of devotees of Lord Krishna would not serve the purpose of the petitioner (Hindu side) and the interest of the parties would be suitably adjusted if the suits are tried by the civil judge.
In addition, they opposed the petition on the ground that in case the transfer application was allowed, it would be opening a Pandora’s box.
Justice Arvind Kumar Mishra-1 passed the 26-page judgment, while allowing a transfer application filed by Bhagwan Shrikrishna Virajman at Katra Keshav Dev Khewat Mathura through Ranjana Agnihotri and seven others. In the transfer application, the petitioners had requested that the original trial must be conducted by HC as the matter involved, like the Ayodhya dispute, is of national importance.
Passing the judgment, the court said, “Let the district judge, Mathura, prepare a list of all such cases of similar nature involving the subject matter and touching upon its periphery, expressly or by implication, which include particulars of such cases and these suits/cases along with record as above. Thereafter, all such matters shall be duly forwarded to this court within two weeks and the same shall stand transferred to this court in exercise of suo motu powers of this court (sic). ”
“These matters have not proceeded an inch further since their institution on merits for the past two to three years. Hence, it provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this court (high court) under Section 24(1)(b) CPC, which gives power to the high court to transfer a case from any district court to other district court or to the high court itself,” the court added.
While passing these directives, the court requested the Chief Justice of Allahabad HC to kindly nominate an appropriate bench for the trial and disposal of the suits transferred from lower court in Mathura to the HC. The opposite side, UP Sunni Central Waqf Board and management committee of Shahi Idgah Masjid, opposed the transfer petitions, saying that the only ground taken by the petitioner that the matter had spread to the entire country and is concerned with crores of devotees of Lord Krishna would not serve the purpose of the petitioner (Hindu side) and the interest of the parties would be suitably adjusted if the suits are tried by the civil judge.
In addition, they opposed the petition on the ground that in case the transfer application was allowed, it would be opening a Pandora’s box.
