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.