The Supreme Court on Friday dismissed an appeal challenging the Allahabad High Court’s decision to reject a PIL seeking recognition of the ‘Shahi Idgah Mosque’ site in Mathura as ‘Krishna Janmabhoomi’ and the mosque’s removal.
A bench of Justices Sanjiv Khanna and Dipankar Datta declined to intervene in the High Court’s decision, asserting that the PIL is not maintainable due to several civil suits on the raised issues being already under consideration.
The court stated, “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.”
“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,” it added.
The Allahabad High Court had, on October 12, 2023, dismissed a PIL seeking the removal of Mathura’s Shahi Idgah Mosque, claimed by the petitioner advocate Mahek Maheshwari to be built on Krishna Janmabhoomi, the alleged birthplace of Lord Krishna. The PIL argued that various texts recorded the site as Krishna Janmabhoomi land and contended that the mosque was not legitimate, having been built by forcibly acquiring the land.
The plea asserted that, according to Islamic jurisprudence, a mosque could not be constructed on forcibly acquired land. Conversely, as per Hindu jurisprudence, a temple remained a temple even if in ruins, the petition added.