New Delhi, Nov 5 (Agency) The Supreme Court on Tuesday re-listed the matter related to the Mosque Committee’s pleas challenging the Allahabad High Court’s order upholding the maintainability of suits filed by the Hindu side in the Krishna Janambhoomi dispute. A bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar posted the matter to be heard after 2 weeks. Justice Khanna asked the parties whether the matter was appealable before the High Court. Advocate Tasneem Ahmadi appearing for the Mosque Committee said that the Letters Patent Act has been repealed in Uttar Pradesh, so Allahabad High Court does not have the jurisdiction to look into the appeal. Justice Khanna said, after the suit is transferred to the High Court, any order which was passed, which would be appealable. Ahmadi said, “We already have precedents about this in Ayodhya’s judgment.”
Justice Khanna said, “But that was a decision by 3 judges…that will not be right precedent to apply on whether Chapter 15 is applicable or not. Justice Khanna asked Ahmadi, “Have you examined Chapter 11? Which deals with memorandum of appeal. Ahmadi replied, “No, I have not. ” Justice Khanna then advised Ahmadi to also read the judgment in Khemji’s case. Justice Khanna had asked the parties on the previous date to examine if Section 10 of the Letters Patent Appeal Act, providing for intra-court appeal, is applicable to the case. Justice Khanna also clarified that till the next date, proceedings can continue in the suit, in the form of issues, documents and filing of affidavits. However, no cross-examination shall take place. Justice Khanna said, “Just give us a note on the question of maintainability of the appeal before the High Court in the Krishna Janmabhoomi-Shahi Idgah dispute case. The Supreme Court was hearing a plea filed by Muslim parties challenging maintainability of 18 suits filed by the Hindu side. Justice Sanjiv Khanna had earlier asked the parties to see if intra-court appeal lay against the Allahabad High Court order are under challenge.
Advocate Tasneem Ahmadi appearing for the Muslim side said that there is a full-bench decision on this issue. Advocate Vishnu Shankar Jain appearing for the Hindu side said that chapter 8, rule 5 of the Allahabad High Court can be applied. Advocate Ahmadi said that the Allahabad High Court does not have original side jurisdiction to look into this matter. The bench directed the parties to file synopsis of their arguments. Advocate Vishnu Jain highlighted Chapter 8 Rule 5 of the Allahabad HC Rules. The bench said, “Give us a copy of the rules in the afternoon”. The top court then relisted the matter after 2 weeks and asked the parties to give written synopses on the maintainability of appeals before the High Court. The bench asked the parties that the synopsis should not exceed more than three pages and can be accompanied with relevant rules relied upon. Advocate Vishnu Jain said that the Special Leave Petition (SLP) against the transfer of suit to High Court may be tagged. The bench did not agree with Jain’s proposal and said to keep that issue separate. The matter was re-listed after two weeks.