THE JHARKHAND STORY DESK
New Delhi, Jan 5: The Supreme Court denied an appeal on Friday against an order from the Allahabad High Court that had dismissed a Public Interest Litigation (PIL) that sought the removal of the Shahi Idgah Mosque in Mathura and its recognition as the site of Krishna Janmabhoomi.
A bench consisting of Justices Sanjiv Khanna and Dipankar Datta declined to intervene in the High Court’s ruling, stating that the PIL is unmaintainable due to the numerous civil proceedings that are now pending consideration over the issues it raises.
“Let’s not have a multiplicity of litigation. You filed it as a PIL, which is why it was rejected (by the High Court). File it as otherwise, we will see,” Justice Khanna advised the petitioner.
“We are not inclined to interfere with the impugned judgment and hence SLP is dismissed. We clarify that the dismissal of the SLP nowhere comments on the right of parties to challenge the vires of any enactment or prevents or bars any party from challenging the vires of any enactment,” Supreme Court said in the order.
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The PIL in Allahabad HC
The Allahabad High Court, on October 12, 2023, dismissed a PIL seeking the removal of the Shahi Idgah Mosque in Mathura. The petitioner, advocate Mahek Maheshwari, contended that the mosque was erected on Krishna Janmabhoomi, claimed to be the birthplace of Lord Krishna.
He argued in his PIL that the site in question was mentioned in multiple texts as Krishna Janmabhoomi land and that, because it was constructed by forceful acquisition of the land, it was not a proper mosque.
The plea stated that because a mosque cannot be constructed on land that was taken by force, the mosque was not proper according to Islamic law. However, the petition added, a temple was still a temple according to Hindu jurisprudence even if it was in ruins.
