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Synopsis

A Special Leave Petition (SLP) has been filed before the Supreme Court against an order passed in October last year by the Allahabad High Court dismissing a Public Interest Litigation (PIL) seeking recognition of Mathura's Shahi Idgah Mosque site as Krishna Janam Bhoomi.

The SLP has been filed by Advocate Mahek Maheshwari through Advocates Anuj Saxena, Nitish Raj, Anuj Ruhela, and Utkarsh Singh. The SLP states that while passing the impugned order, the high court ignored the decisive facts of the petitioner's case and without appreciating the facts and the circumstances of the matter, it dismissed the PIL. 

The SLP argues that the high court dimissed the PIL stating that the issues raised in it were already pending consideration before the high court in another matte, however, the PIL espoused the public cause and the issued of violation of fundamental rights for crores of Hindus, which should have been heard on merits. 

The high court's decision to dismiss the PIL merely because some suits are pending on similar issues was arbitrary and preconceived, the SLP contends.

The SLP states that there are numerous such instances where the high courts clubbed the pending PILs with pending suits on the same subject and heard the matter on merits. 

"This Hon'ble Court while hearing the Landmark Case of Ayodhya Ram Janmabhoomi tagged W.P no. 150 of 2016 (Petition in the nature of PIL) with the suits prior instituted to the filing of the Petition where the issues involved were substantially the same of securing Janmabhoomi of Ram lala Virajman," SLP reads. 

Therefore, the SLP states, it has been filed in the interest of justice and to secure the fundamental rights of crores of Hindus. 

The SLP seeks special leave to appeal against the final order of the high court. Importantly, as an interim prayer, the SLP seeks direction that during the pendency of the present petition, Hindus be allowed to offer prayers to the deity on a specific day of the week and on Krishna Janmashtami at the disputed site. 

The PIL in question was filed by Maheshwari in 2020 before the Allahabad High Court. It was first dismissed in default by the Court on January 19, 2021, on account of the absence of the petitioner but it was again restored to its original number.

In his petition, Maheshwari stressed that Masjid is not an essential part of Islam, therefore the Shahi Idgah Mosque situated in Mathura should be razed and that land, allegedly Krishna Janmabhoomi, should be handed over to the Hindus.

He also urged the court to declare Sections 2,3, 4 of the Places of Worship Act, 1991 as unconstitutional contending that these provisions violate the doctrine of Hindu law that temple property is never lost even if enjoyed by strangers for years.

It was also one of Maheshwari's prayers that a proper trust for Krishna Janmabhoomi Janmasthan should be formed for building a temple on the said land.

The PIL was finally dismissed by a division bench of the high court on October 11, 2023. 

Case Title: Mahek Maheshwari v. UOI & Others