The Supreme Court has received a Special Leave Petition (SLP) against an order which was passed in October last year by the Allahabad High Court which rejected the dismissing a Public Interest Litigation (PIL) seeking recognition of Mathura’s Shahi Idgah Mosque site as Krishna Janmabhoomi.
Advocate Mahek Maheshwari through Advocates Anuj saxena, Nitish Raj and Anuj Ruhela has filed this SLP. The SLP states how by passing this impugned order, the high court has ignored the important facts of the petitioner’s case and without going through the circumstances of the matter, dismissed the PIL.
As per the SLP the PIL was dismissed by the High Court stating that the issues raised were already in consideration before them in another matte, however, the PIL stated that this one was a public cause and talked about of violation of fundamental rights for crores of Hindus, which should have been heard on merits.
The SLP contends that decision by the High court to dismiss PIL was merely because some suits are pending on similar issue were arbitrary and preconceived,
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.
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.