The Supreme Court on Friday rejected a public interest litigation (PIL) urging an archaeological survey of Mathura’s Shahi Idgah Mosque and declaring the site as Shree Krishna Janmabhoomi. The court stated that dealing with a multiplicity of litigation was inappropriate while numerous civil suits on the issue were already under adjudication in the Allahabad high court.
The PIL, filed by petitioner Mahek Maheshwari, also challenged the validity of the 1991 Places of Worship Act. The Act safeguards the “character” of places of worship existing as of August 15, 1947, prohibiting lawsuits to alter their character.
The Supreme Court bench, comprising Justices Sanjiv Khanna and Dipankar Datta, maintained that entertaining the issue as a PIL was not maintainable. The court clarified that the dismissal of the PIL did not comment on the right of parties to challenge the vires of any enactment.
Maheshwari’s PIL argued that various texts recorded the site as Shree Krishna Janmabhoomi land, asserting that the Shahi Idgah Mosque should be razed, and the land handed over to Hindus. The petitioner pleaded for the formation of a trust for Krishna Janmabhoomi Janmasthan to build a temple.
The Supreme Court is already handling a series of petitions related to the dispute. The mosque management committee has challenged the transfer of suits from Mathura civil courts to itself, along with an order allowing a survey of the mosque premises.
On December 15, the court refused to stay the survey, setting January 9 for considering objections. The mosque committee argued for financial constraints and preferred the case to be heard in Delhi.
The Allahabad high court, on May 26, transferred suits to itself, sparking a petition questioning the suits’ maintainability after prolonged delays. The Supreme Court observed earlier that a timely decision in sensitive cases like these would be in the interest of all stakeholders.
