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Synopsis

The Allahabad High Court today posted the plea seeking recognition of Mathura's Shahi Idgah Mosque site as Krishna Janam Bhoomi for hearing on August 23, 2023. 

Petitioner-in-person Adv Mahek Maheshwari today, through video conferencing, appeared in the PIL before the bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava. However, since the bench was unable to clearly hear him, it posted the matter for hearing on August 23 and asked Adv Maheshwari to appear physically. 

The present plea was restored last year after a gap of more than a year since the dismissal of the main plea. The main plea was dismissed in default by the high court on January 19, 2021, on account of the absence of the petitioner.

After the dismissal of the main petition, the application for restoration was filed immediately by Adv Mehek Maheshwari, who appears in person in the case. 

In his petition, stressing that Masjid is not an essential part of Islam, Maheshwari has prayed that the Mosque should be razed and that land, allegedly Krishna Janmabhoomi, should be handed over to the Hindus. He has 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.

Maheshwari has also demanded that a proper trust for Krishna Janmabhoomi Janmasthan should also be formed for building a temple on the said land.

Importantly, till the disposal of the petition as an interim measure, Maheshwari has sought permission for Hindus to worship at the Masjid on certain days of the week and on Janmashtami. A prayer has also been made for Court-monitored GPRS-based excavation by the Archaeological Survey of India (ASI) of the disputed structure.

Case Title: Mehek Maheshwari v. Union of India and Ors.