In a recent development, the Supreme Court has decided not to entertain a Public Interest Litigation (PIL) related to the ongoing Shahi Idgah – Krishna Janambhoomi dispute in Uttar Pradesh’s Mathura. The PIL had sought the declaration of the site as Shree Krishna Janmabhoomi.
A two-judge bench of the Supreme Court, comprising Justices Sanjiv Khanna and Dipankar Datta, declined to entertain the PIL, citing that the matter is already pending before a high court. The justices emphasized the importance of avoiding a multiplicity of litigation in such cases.
The bench stated, “We are not inclined to interfere with the impugned judgment, and hence the Special Leave Petition (SLP) is dismissed.” This decision aligns with the previous dismissal of the PIL by the Allahabad High Court in October, which stated that the matter was already under consideration in the court.
The petitioner, Mahek Maheshwari, had filed the PIL seeking the protection of his fundamental right to worship. He urged the state to acquire the Krishna Janmabhoomi Janmasthan for Hindu worship. The PIL argued that various texts had documented the site as Shree Krishna Janmabhoomi land and contended that it was not a proper mosque under Islamic jurisprudence, as a mosque on forcibly acquired land is not sanctified. Hindu jurisprudence, on the other hand, reveres a temple even if it is in ruins.
Despite these arguments, the Supreme Court maintained its stance of non-interference, allowing the high court to address the ongoing dispute. The decision underscores the judiciary’s commitment to avoiding unnecessary legal complexities in matters already being adjudicated at a lower level.
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