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NEW DELHI: The Supreme Court on Friday refrained from passing interim order to stay the proceedings in Allahabad high court on Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute and said that it would do so after hearing both the sides.
As Uttar Pradesh Sunni Waqf Board and Committee of Management Trust Shahi Masjid Idgah strongly opposed HC’s decision to transfer all the suits pending on the dispute from Mathura civil court to itself, a bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia and Ahsanuddin Amanullah said that appeal against HC order has to be adjudicated but turned down their plea for stay on HC proceedings.
Senior advocate Tasneem Ahmadi, appearing for the Committee, told the bench that her client does not have the financial wherewithal to fight a legal battle in Allahabad which is 650 km from Mathura and pleaded that the suit could be shifted to Delhi HC which is just 150 km from Mathura. She submitted that transferring the case to Allahabad HC would amount to pushing the Committee to a corner where it cannot defend itself.
Justice Kaul observed that it was very difficult to accept the submission and the defence of lack of financial wherewithal is weak.
Justice Amanullah, however, said that this case should be treated like any other ordinary case and it should not be blown out of proportion.
The court thereafter adjourned the hearing and asked all the parties to file written submissions.
As Uttar Pradesh Sunni Waqf Board and Committee of Management Trust Shahi Masjid Idgah strongly opposed HC’s decision to transfer all the suits pending on the dispute from Mathura civil court to itself, a bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia and Ahsanuddin Amanullah said that appeal against HC order has to be adjudicated but turned down their plea for stay on HC proceedings.
Senior advocate Tasneem Ahmadi, appearing for the Committee, told the bench that her client does not have the financial wherewithal to fight a legal battle in Allahabad which is 650 km from Mathura and pleaded that the suit could be shifted to Delhi HC which is just 150 km from Mathura. She submitted that transferring the case to Allahabad HC would amount to pushing the Committee to a corner where it cannot defend itself.
Justice Kaul observed that it was very difficult to accept the submission and the defence of lack of financial wherewithal is weak.
Justice Amanullah, however, said that this case should be treated like any other ordinary case and it should not be blown out of proportion.
The court thereafter adjourned the hearing and asked all the parties to file written submissions.
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