Hearing a petition seeking transfer of the Shri Krishna Janmabhoomi case from the Mathura court to the High Court, the Allahabad High Court on Tuesday gave last opportunity to the respondents to file their replies through e-mode till April 7, 2023 and the next date of hearing was fixed for April 11.
A Single Bench of Justice Arvind Kumar Mishra-I passed this order while hearing a Transfer Application filed by Bhagwan Shrikrishna Virajman and 7 Others.
The Court noted that,
In this case, the office report dated 04.04.2023 is reflective of the fact that no counter affidavit whatsoever has been filed by either of the four respondents so far despite the time being accorded to them as last chance on 15.03.2023.
Punit Kumar Gupta, counsel for respondent no 1 – U.P Sunni Central Waqf Board, Lucknow has stated that counter affidavit is under preparation, some correction is required to be made due to which the same could not be filed but it would be filed within short span of time by e-filing on the website of the Court and the copy of the same will be given to the applicant.
Nasiruzzaman, counsel for respondent no 2- Committee of Management, Trust Shahi Masjidgah has shown a hard copy of counter affidavit although he admits that the same has not been filed through e-mode on the record of High Court.
He submitted that the needful shall be done at the earliest. Since the case has been filed through e-mode and transmitted to the Court, therefore, no excuse would be entertained for any lapse committed by and on the part of the counsel appearing for the respondent no 2, in filing the counter affidavit.
Prateek Rai, counsel for respondent no 3 – the Shree Krishna Janmabhoomi Trust, Mathura has stated that the respondent is not interested in filing any counter affidavit, because the respondent no 3 intends the matter to be decided expeditiously. He has nothing to do with the forum of litigation.
Kamlesh Narayan Pandey and Virendra Prasad Maurya, counsel for respondent no 4 have claimed themselves to be appearing on behalf of respondent (no 4) and they would file their Vakalatnama bringing on record through e-mode. Therefore some time may be allowed for them to file counter affidavits.
“The plea raised on behalf of the opposite party no 4, on the face, is misleading and appears to have been made with a view to hamper the proceeding of the Court but considering the facts and circumstances of the case, particularly the interest of justice, no more time but last chance is given by 7th of April, 2023, let counter affidavit through e-mode be filed in the case and copies whereof be supplied to the parties prior to such filing. In case no copy of the counter affidavit is served upon the parties concerned, it will be deemed that the respondent no 4 has nothing to say in regard to the consideration of this transfer application and the Court will proceed further with the case on the next date fixed.
However, it is clarified that filing of counter affidavit and rejoinder affidavit as directed would be done through e-mode of the High Court and no latitude should be shown by either of the sides”, the order reads.
The Court has fixed the next hearing of the petition on 11th April, 2023.