Krishna Janmabhoomi - Shahi Idgah case: What Supreme Court said on Allahabad High Court transferring suits to itself

The Supreme Court on Thursday questioned the correctness of the Allahabad High Court decision to transfer the suits relating to Krishna Janmabhoomi- Shahi Idgah Masjid dispute, from the trial court to the High Court [Committee of Management Trust Shahi Idgah vs Bhagwan Shrikrishna Virajman Next Friend and ors]..A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar remarked the Allahabad High Court does not have original jurisdiction to hear the matter and suits before civil court can be transferred by the High Court to itself only in extraordinary circumstances."Allahabad High Court does not have original side jurisdiction," the Bench remarked."But there is original side jurisdiction in extraordinary cases," said advocate Barun Sinha for the Hindu side."So transfer to High Court will be under extraordinary original civil jurisdiction," the Bench said..The Supreme Court was hearing the Muslim side's challenge against the Allahabad High Court order that allowed the plea moved by Hindu side seeking transfer of the suits from the trial court to the High Court.Justice Arvind Kumar Mishra I of the High Court had passed the order transferring the suit from civil court to the High Court.The Court today asked whether an appeal can be filed before a larger Bench of the High Court against an order of single-judge.It eventually adjourned the matter to be heard after the winter vacation of the Court which falls in the last week of this month. .It would be better if Allahabad High Court hears Krishna Janmabhoomi-Shahi Idgah Masjid case to avoid disquiet: Supreme Court.On December 14 last year, the High Court had allowed the application filed on behalf of a Hindu deity, Bhagwan Shri Krishna Virajman and seven other Hindu parties seeking the appointment of a court commissioner to inspect the Shahi-Idgah mosque in connection with the Krishna Janmabhoomi-Shahi Idgah Masjid dispute.The case arose after the Hindu side filed an original suit before the civil court claiming that the Shahi Idgah Masjid (mosque) was built over Krishna Janmabhoomi land.The civil suit was filed on behalf of a Hindu deity Bhagwan Shri Krishna Virajman and certain Hindu devotees. The plaintiffs sought the removal of the mosque from its current site.The plaintiffs further claimed that there were various indications to support the view that the Shahi-Idgah Mosque is, in fact, a Hindu temple. Therefore, an application was made before the High Court to appoint a commissioner to examine the site.The main suit had initially been dismissed by a civil court in September 2020, citing the bar on admitting the case under the Places of Worship (Special Provisions) Act, 1991. However, this decision was overturned after an appeal before the Mathura District Court.The Mathura District Court in May 2022 held that the suit was maintainable and overturned the civil court order dismissing the suit. The matter was transferred to the High Court in 2023 which has now been challenged before the apex court..The Supreme Court is also seized of an appeal against a recent verdict of the Allahabad High Court that deemed 18 suits relating to the Krishna Janmabhoomi-Shahi Idgah Masjid dispute maintainable.It had earlier declined to stay the High Court order for appointment of a court commissioner to inspect the premises of the mosque.