Plea on combining lawsuits in Mathura temple-mosque row can wait: SC

The Supreme Court on Friday said a plea challenging the Allahabad High Court order to combine 15 lawsuits by Hindu petitioners on the Mathura Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute may be raised later.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took a prima facie view in favour of the high court decision to consolidate all the lawsuits, saying it favours both sides of the litigation.

On January 11 last year, the Allahabad High Court directed that the 15 suits on an application filed by the Hindu plaintiff be consolidated "in interest of justice".

At the beginning of hearing on Friday, the SC bench said it is seized of an issue related to a 1991 law on places of worship and asked as to why it should intervene on the matter of the consolidation of the lawsuits at the moment.

"If required, you can raise the plea later," the CJI told the lawyer representing the mosque committee.

In a related important development, the top court, on December 12, restrained till further directions the courts in the country from entertaining fresh lawsuits and passing any effective interim or final orders in pending ones seeking to reclaim religious places, especially mosques and dargahs.

On Friday, a lawyer, appearing for the Committee of Management Trust Shahi Idgah, said the lawsuits were not similar in nature and yet have been consolidated by the high court.

The lawyer said this situation will lead to complications as different lawsuits will be taken up together.

"No complications at all it is in your benefit and their benefit also as multiple proceedings are being avoided," the bench said, adding "why should we interfere on the issue of consolidation (of lawsuits)? In any case, we are hearing the issue."  "What difference does it make if it is consolidated? Anyway, think about it, we are adjourning it, but I think consolidation makes no difference at all. Relist (the plea) in the week commencing April 1," the CJI said.