Krishna Janmabhoomi Case :Supreme Court Dismisses Plea for Shahi Idgah Mosque Removal
Krishna Janmabhoomi Case: New delhi, 05 jan 2024 (Citytimes) In a recent development, the Supreme Court of India has rejected an appeal against the Allahabad High Court’s decision regarding the removal of Mathura’s Shahi Idgah Mosque. The court, comprising Justices Sanjiv Khanna and Dipankar Datta, declined to interfere with the High Court’s order, stating that the Public Interest Litigation (PIL) is not maintainable as several civil suits on the matter are already under consideration.
Legal Battle Surrounding Krishna Janmabhoomi Continues
The legal saga surrounding the Krishna Janmabhoomi case reached a significant point as the Supreme Court addressed the plea seeking recognition of the Shahi Idgah Mosque site as Krishna Janmabhoomi and its subsequent removal. The court emphasized the need to avoid unnecessary litigation, suggesting the petitioner reconsider their approach.
Justice Khanna, addressing the petitioner, remarked, “Let’s not have a multiplicity of litigation. You filed it as a PIL, which is why it was rejected (by the High Court). File it as otherwise, we will see.”
Allahabad High Court’s Previous Decision
On October 12, 2023, the Allahabad High Court dismissed a PIL seeking the removal of Mathura’s Shahi Idgah Mosque. The petitioner, advocate Mahek Maheshwari, argued that the mosque was allegedly built on Krishna Janmabhoomi, the birthplace of Lord Krishna. The PIL contended that various historical texts supported the claim that the site in question was Krishna Janmabhoomi land.
Arguments Presented in the PIL
The crux of the petitioner’s argument rested on the claim that the Shahi Idgah Mosque was not a legitimate mosque. According to Islamic jurisprudence, the petitioner asserted that a mosque could not be built on forcibly acquired land. Conversely, Hindu jurisprudence considers a temple sacred, even if it exists in ruins. The plea alleged that the mosque’s construction involved the unlawful acquisition of the land in question.
Supreme Court’s Clarification on Dismissal
While dismissing the Special Leave Petition (SLP), the Supreme Court clarified that its decision does not comment on the right of parties to challenge the validity of any enactment. The court emphasized that the dismissal of the SLP does not prevent or bar any party from challenging the vires of any enactment in the future.
Positive and Negative Aspects
The Supreme Court’s decision to uphold the status quo in the Krishna Janmabhoomi case reflects both positive and negative sentiments. On the positive side, the court’s insistence on avoiding a multiplicity of litigation promotes efficiency and streamlines the legal process. This can be seen as a proactive measure to manage the complex legal landscape surrounding religious and historical sites.
However, from a negative perspective, the dismissal of the PIL may leave some stakeholders dissatisfied, especially those who believe in the contested claims regarding the Shahi Idgah Mosque and its alleged connection to Krishna Janmabhoomi. The ongoing legal battles indicate the deep-rooted sentiments and divergent perspectives within the communities involved.
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