Supreme Court Refuses To Entertain Plea Seeking Recognition Of Disputed Shahi Idgah Mosque Site As Krishna Janmabhoomi

The Supreme Court has refused to entertain a Special Leave Petition preferred by Advocate Mahek Maheshwari, through which he challenged an order of the Allahabad High Court dismissing a Public Interest Litigation, seeking recognition of the disputed Shahi Idgah mosque complex as Shri Krishna Janmabhoomi.

The present dispute involves an ownership of 13.37 acres, where the Hindu side claims that the Shahi Eidgah mosque was built over the birthplace of Lord Krishna.

In the original matter, the applicants filed a civil suit for declaration, injunction, and right to worship at the site of Shri Krishna Janmasthan and also removal of the present structure alleged to be Shahi Eidgah Mosque. The suit was registered in the court of the Civil Judge (Senior Division), Mathura.

As per the petitioner, the Committee of Management of Masjid Trust Idgah entered into an illegal compromise with the Society Shree Krishna Janmasthan Sewa Sangh and both played fraud upon the Court, the dieties and devotees with a view to grab the property. 

Accordingly, while dismissing the petition, a bench of Justice Sanjiv Khanna and Justice Dipankar Datta observed, "We are not inclined to interfere with the impugned judgment and hence the SLP is dismissed. We however, clarify that the dismissal of the SLP will not have a bearing over the right of parties to challenge the vires of any enactment or prevents any party from challenging the vires of any enactment".

During the arguments today, Justice Khanna said that considering that the several civil suits on the subject matter is pending, therefore a PIL was not necessary. To which the counsel replied that it was the sole ground taken by the Allahabad High Court to dismiss the PIL.

Further the Court said that multiplicity of proceedings in the matter should be avoided, and if at all the issue has to be raised it should be by way of a separate petition, but not as a public interest litigation.

For the background, the PIL before the High Court had sought to espouse the cause of denial of fundamental rights under Articles 25 and 26 of the Constitution by preventing the Hindus from worshipping actual place of Krishna Janmsthan at Mathura by construction of the Shashi Idgah Mosque after demolition of the temple as also the issue of imposing Sections 2, 3, and 4 of the Places of Worship Act, 1991, which were alleged to be unconstitutional.

A Division Bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava said, “Since the issues involved in the present writ (PIL) is already engaging attention of the Court in appropriate proceedings (i.e. the pending suits), we are not inclined to entertain the instant writ (PIL) and the same is accordingly dismissed.”

The petitioner submitted that his fundamental right to worship be facilitated and protected and wanted the actual place of Krishna Jahmabhoomi Janmasthan over which the Shahi Idgah Mosque exists be acquired by the State Government and be handed over to the Hindus for worshipping Lord Krishna Virajman in the Krishna Janmasthan. It was averred in the petition that the maternal great grand-mother, who resided in Mathura, told the petitioner about the spiritual importance of Mathura and Braj Mandal 84 Kos. She also told the petitioner how the Shahi Idgah masjid came to be constructed after demolition of a lofty temple of Lord Shree Krishna at the birth place by Aurangzeb, the Mughal Emperor.

It was also averred that the right of worship of the Hindu Community was substantially reduced from 13.37 Acres of land of Sri Krishna Janmasthan on account of encroachment of Trust Masjid Idgah, which managed the affairs of the Shahi Idgah. It was further averred that the Committee of Management of Masjid Trust Idgah entered into an illegal compromise with the Society Shree Krishna Janmasthan Sewa Sangh and both played fraud upon the Court, the dieties and devotees with a view to grab the property. A civil suit was filed in which also, the ownership and possession of the land in dispute was upheld. Yet another suit was filed questioning the sale deed which was dismissed based on the compromise and it was agreed that the decision would be binding on the parties. Thereafter, a Trust in the name and style of “Shri Krishna Janmbhoomi Trust” was created under which, the entire land measuring 13.37 Acres was dedicated to the diety Lord Shree Krishna Virajman.

Cause Title: Mahek Maheshwari v Union of India