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The original PIL had 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.
The Supreme Court has dismissed a Special Leave Petition filed before it 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.
A bench of Justices Sanjiv Khanna and Dipankar Datta opined that it would not be right for the court to interfere with the issue by way of such a plea.
"We are not inclined to entertain this SLP. Dismissed", said the division bench.
Instant SLP was filed by Advocate Mahek Maheshwari through Advocates Anuj Saxena, Nitish Raj, Anuj Ruhela, and Utkarsh Singh. It stated 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.
Maheshwari argued that the high court dismissed 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 contended.
"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," it added.
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 the 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.
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
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