SC dismisses PIL seeking recognition of Mathura's Shahi Idgah Mosque as Krishna Janmabhoomi

The Supreme Court on January 5 dismissed an appeal challenging the Allahabad High Court's order regarding the recognition of Mathura's Shahi Idgah Mosque site as Krishna Janmabhoomi. The appeal, filed in response to the High Court's dismissal of a Public Interest Litigation (PIL), argued for the acknowledgment of the site as sacred to Hindus.

The Supreme Court, while dismissing the appeal, cited that the issues raised were already under consideration before the court, emphasizing the importance of addressing matters that were pending consideration.

The PIL, originally filed in 2020 by Advocate Mahek Maheshwari, had been rejected by the Allahabad High Court in October of the previous year. The Special Leave Petition (SLP) filed against this decision asserted that the High Court had dismissed the PIL without adequately considering the petitioner's case.

According to the SLP, the High Court justified its decision by claiming that the issues raised were already being considered in another matter. However, Maheshwari's petition argued that the case was of public importance, addressing the alleged violation of fundamental rights for millions of Hindus, which warranted a hearing on its merits.

The SLP contended that the High Court's decision to dismiss the PIL was arbitrary and preconceived, arguing that similar instances had occurred where high courts had considered pending PILs separately from suits on the same subject.

In seeking special leave to appeal against the High Court's order, the SLP also included an interim prayer requesting permission for Hindus to offer prayers at the disputed site on specific days of the week and on Krishna Janmashtami during the pendency of the petition.

Maheshwari's original PIL, filed in 2020 before the Allahabad High Court, had faced dismissal in January 2021 due to the absence of the petitioner. However, it was later reinstated, allowing the legal battle over the recognition of Mathura's Shahi Idgah Mosque site as Krishna Janmabhoomi to continue.

The PIL had contended that the mosque was not an essential part of Islam, urging the demolition of the Shahi Idgah Mosque in Mathura and the transfer of the land, purportedly Krishna Janmabhoomi, to the Hindu community.