Krishna Janmabhoomi Case: SC Declines Plea For Removal Of Mathura’s Shahi Idgah Mosque

Digital Desk: The Supreme Court denied an appeal on Friday against an order from the Allahabad High Court that had dismissed a Public Interest Litigation (PIL) that sought the relocation of the Shahi Idgah Mosque in Mathura and its recognition as the site of Krishna Janmabhoomi. A bench consisting of Justices Sanjiv Khanna and Dipankar Datta declined to intervene in the High Court's ruling, stating that the PIL is unmaintainable due to the numerous civil proceedings that are now being reviewed over the problems it raises.

"Let's avoid having several court cases. It was denied (by the High Court) because you filed it as a Public Interest Litigation. File it as otherwise, and we will see," Judge Khanna told the petitioner.

"SLP is dismissed because we have no intention of meddling with the contested decision. We make clear that the dismissal of the SLP in no way restricts or prohibits any party from contesting the provisions of any enactment or makes any remarks regarding the ability of parties to do so," the Supreme Court said in its ruling.

The Allahabad High Court denied a Public Interest Litigation (PIL) on October 12, 2023, calling for the demolition of Mathura's Shahi Idgah Mosque. The petitioner's counsel Mahek Maheshwari claimed that the mosque was constructed on Krishna Janmabhoomi, the site of Lord Krishna's birth.

In his PIL, it was contended that other texts identified the location as Krishna Janmabhoomi land and that, as the mosque was constructed by forceful acquisition of the land, it was not a legitimate mosque. According to Islamic jurisprudence, a mosque cannot be erected on land that was taken by force, so the petition claimed that the mosque was not legitimate. 

However, a temple was still a temple according to Hindu jurisprudence even if it was in ruins, the petition added.