The bench said that the PIL is not maintainable as the several civil suits on the related issues are already pending consideration.
A view of the Krishna Janmasthan Temple Complex and Shahi Eidgah Mosque, in Mathura (ANI Photo)
The Supreme Court on Friday dismissed an appeal against the Allahabad High Court order which had rejected a PIL seeking recognition of Mathura’s Shahi Idgah Mosque site as Krishna Janmabhoomi.
Refusing to interfere with High Court order, a bench of Justice Sanjiv Khanna and Justice Dipankar Datta said that the PIL is not maintainable as the several civil suits on the related issues are already pending consideration.
“We are not inclined to interfere with 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,” said the bench in its order rejecting the challenge to the High Court order.
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Justice Khanna also said: “Let’s not have 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.”
October 12, 2023, the Allahabad High Court had dismissed a PIL seeking removal of Mathura’s Shahi Idgah Mosque, allegedly built on Krishna Janmabhoomi, which the PIL petitioner advocate Mahek Maheshwari claims to be the birthplace of Lord Krishna.
It was contended in his PIL that various texts had recorded the site in question as Krishna Janmabhoomi land and claimed that it was not a proper mosque, as the same was built by forcibly acquiring the land in question.
The plea said that it was not a proper mosque because as per Islamic jurisprudence, a mosque could not be built on forcibly acquired land. On the other hand, as per Hindu jurisprudence, a temple was a temple even if it was in ruins, added the petition.
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