New Delhi: The Supreme Court on Friday declined to entertain a plea challenging the Allahabad High Court order dismissing a plea seeking recognition of the Shahi Idgah mosque as Shri Krishna Janmabhoomi in Mathura.
The plea filed by Mahek Maheshwari, through advocate Durgesh Ramchandra Gupta, Anuj Saxena, and Anuj Ruhela, was listed for hearing before a bench comprising justices Sanjiv Khanna and Dipankar Datta.
At the outset, the bench told the petitioner’s counsel that a separate plea is not required, when the matter is pending. The counsel submitted that the high court dismissed the plea because the suit was pending by somebody else. The counsel said he had no idea what that suit was about.
The bench said there should not be a multiplicity of litigation and the petitioner had filed the matter as a PIL in the high court, which is why it was rejected. Declining to entertain a separate plea, the bench said this plea couldn't be maintained.
A counsel, familiar with the developments of the case, said the apex court dismissed the plea but gave liberty to the petitioner to move before the high court with a fresh plea.
The petitioner said he filed a PIL in November 2020 before the high court on two issues: the first issue is regarding the protection and facilitation of the rights to worship of Hindus at the disputed site of Krishna Janambhoomi and the second regarding the challenging the constitutional validity of the sections 2, 3, and 4 of Places of Worship Act, 1991.
The plea said the high court erred in noting the important fact that the dismissed PIL was the first one to be filed in the high court in 2020, whereas many of the suits in the subject matters were filed much after but still, they were transferred to the high court for hearing.
In October, the Allahabad High Court dismissed a Public Interest Litigation (PIL) seeking recognition of the Shahi Idgah mosque as Shri Krishna Janmabhoomi in Mathura. The PIL, moved by advocate Maheshwari in 2020, had also sought the handover of the mosque to Hindus.
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