New Delhi: The Supreme Court on Friday rejected a plea challenging an Allahabad High Court order dismissing a PIL seeking a direction to the Uttar Pradesh government to acquire the Krishna Jahmabhoomi Janmasthan at Mathura and hand it over to the Hindus for worshipping Lord Krishna.
Advocate Mahek Maheshwari had filed an appeal before the Apex Court, challenging the dismissal of his PIL by the Allahabad High Court. It had on October 12, 2023, in its detailed order, rejected the PIL seeking the recognition of Mathura’s Shahi Idgah Mosque site as the birthplace of Krishna.
Maheshwari’s PIL was again today rejected, on the ground that several civil suits in the issue raised in it are already pending for disposal.
“The PIL (Public Interest Litigation) is not maintainable, as several civil suits (pleas) in the issue raised in it, are already pending for disposal. Let us please, not have a multiplicity of litigation. You filed it as a PIL, which is why it was rejected (by the High Court),” the Supreme Court today, in its order said.
A two-judge bench of the Top Court, headed by Justice Sanjiv Khanna and also comprising Justice Dipankar Datta, today refused to interfere with the Allahabad High Court order.
Maheshwari, who filed the PIL in 2020, corroborated his plea and submitted to the Allahabad HC that data, various historical texts, data, and records have documented that the site in question was is the birthplace of Krishna. Thereby the Court should pass appropriate directions and or orders into the PIL.
“We are not inclined to interfere with the Allahabad HC judgment and hence his (Maheshwari’s) SLP (Special Leave Petition) is dismissed,” said the Supreme Court.
He also claimed that it was not a proper mosque, as the same was built by forcibly acquiring the land in question.
His plea said that as per Islamic jurisprudence, a mosque could not be built on forcibly acquired land. On the other hand, as per Hindu laws and jurisprudence, a temple was a temple even if it was in ruins, Maheshwari claimed in the petition.
The counsel pointed to the order passed by the high court on May 26, 2023, by which it transferred to itself 10 cases pending before the Civil Judge, Senior Division, Mathura.
The cases raise the same issues as in the PIL.
The high court said, “The suits (pending before the high court) are for declaration, injunction and right to worship at the site of Shri Krishna Janmasthan and also for removal of the structure alleged to be the Shahi Idgah Mosque. The pending suits involve the issues relating to the interpretation of various facts of statutes, constitutional law, personal law and common law.”
“Since the issues involved in the present writ (PIL) are already engaging attention of the Court in appropriate proceedings (i.e.the pending suits), we are not inclined to entertain the instant writ (PIL) and the same is accordingly dismissed,” it ordered.