Supreme Court dismisses PIL for removal of Shahi Idgah mosque

The Supreme Court on Friday dismissed a public interest litigation (PIL) petition seeking removal of Mathura's Shahi Idgah Mosque [Mahek Maheshwari vs Union of India and Ors]. .A bench of Justices Sanjiv Khanna and Dipankar Datta refused to entertain the appeal filed against an order of the Allahabad High Court which had dismissed the PIL.The apex court said that it would not be right for the Court to interfere given the disputed questions of fact.."Would not be right for us to interfere. Sorry. Not a matter for PIL (before HC). Disputed questions of fact," the Court said.However, the top court clarified that the dismissal of PIL would not bar any party from challenging the vires of any enactment..The Allahabad High Court had in October 2023 rejected the PIL petition seeking the recognition of Mathura's Shahi Idgah Mosque site as Krishna Janmabhoomi (birthplace of Lord Krishna).The PIL had also called for the removal of the mosque from the disputed land.The High Court had dismissed the case after noting that the reliefs sought were already pending consideration before the High Court in related suits. This led to the appeal before the apex court..The PIL before the High Court was filed by advocate Mahek Maheshwari in 2020. He argued that numerous historical texts have documented that the site in question was in fact Krishna Janmabhoomi.Further, the plea asserted that the historical roots of Mathura could be traced back to the time of the Ramayana, while Islam arrived much later, approximately 1,500 years ago.The plea added that Shahi Idgah does not qualify as a legitimate mosque under Islamic jurisprudence since a mosque cannot be constructed on land acquired through force. On the other hand, according to Hindu jurisprudence, a temple retains its sacred status even if it lies in ruins, the petitioner said.The petitioner urged the Court to order the transfer of the land to the Hindu community. Further, the petitioner prayed for the establishment of a legitimate trust for the Krishna Janmabhoomi Janmasthan, which would be dedicated to constructing a temple on the same land.Additionally, the plea prayed for a court-monitored excavation using GPRS technology by the Archaeological Survey of India (ASI) at the disputed site, which is believed to have been constructed over Krishna Janmasthan.A civil suit is already pending before a trial court seeking similar reliefs.Earlier, a trial court in Uttar Pradesh, the Allahabad High Court and the Supreme Court had rejected the Hindu Trust's plea for a scientific survey of the disputed site.Recently, the Supreme Court declined to orally stay an Allahabad High Court order allowing the appointment of a court commissioner to inspect the premises of the mosque.