Krishna Janmabhoomi case: Indian Supreme Court dismisses plea for removal of mosque

The Indian Supreme Court on Friday (Jan 5) refused to entertain a plea against a Allahabad High Court order, dismissing a PIL (Public Interest Litigation) seeking declaration of the site as Shree Krishna Janmabhoomi and the removal of Shahi Eidgah Mosque from the site in Uttar Pradesh's Mathura.

According to a report by LiveLaw, a bench of Justices Sanjiv Khanna and Dipankar Datta heard a special leave petition filed by lawyer Mahek Maheswari (the petitioner), after the dismissal of the PIL by the high court in October last year.

Maheswari sought the recognition of the disputed site as the birthplace of the Hindu God Krishna. He urged the land to be handed over to Hindus for the establishment of a trust for Krishna Janmabhoomi Janmasthan.

Hearing the case, Justice Khanna told the counsel appearing for Maheswari that the PIL was not required as several civil suits on the matter were pending, LiveLaw reported.

In response, the counsel said that the high court only dismissed Maheswari's plea on the grounds that other suits were pending. In reply, Khanna said, "Let's not have multiplicity of litigation. You filed it as PIL, which is why it was rejected. File it as otherwise, we will see."

On being asked if the petitioner was at liberty to file a separate petition, Khanna said it had been clarified in the impugned judgment, LiveLaw further reported.

Maheshwari challenged the high court's order in the Supreme Court, saying that the high court's dismissal overlooked important facts and failed to delve into the merits of the case. He contended the PIL was in the public interest, defending the fundamental rights of Hindus under the Constitutions Article 25 and Article 26.

The petitioner also sought a court-monitored GPRS-based excavation by the Archeological Survey of India (ASI) of the disputed structure as an interim measure.

(With inputs from agencies)