The Supreme Court of India, in a recent hearing, dismissed a Public Interest Litigation (PIL) seeking the removal of the Shahi Idgah Mosque adjacent to the Krishna Janmabhoomi in Mathura. The apex court, led by Justice Khanna, emphasized the complexity of the matter, citing the presence of disputed facts and ongoing litigation.
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The PIL, filed by advocate Mahek Maheshwari in 2020, was aimed at reclaiming the land on which the Shahi Idgah Mosque stands, asserting it to be the actual Krishna Janmabhoomi. The Supreme Court, however, expressed its reluctance to intervene.
“Would not be right for us to interfere. Sorry. Not a matter for PIL (before HC). Disputed questions of fact,”
the Court stated, highlighting the inappropriateness of addressing this issue through a PIL.
Justice Khanna further noted the existence of multiple suits related to the matter.
“The high court has dismissed it on grounds that suit is pending by somebody else. I don’t know what suit is about,”
he remarked, pointing out the need to avoid multiplicity in litigation. He advised the petitioner to consider filing the case differently, saying,
“Let’s not have multiplicity of litigation. You filed it as a PIL, which is why it was rejected. File it as otherwise, we will see.”
When the counsel sought clarification on whether a separate petition could be filed, Justice Khanna affirmed,
“It has been clarified in the impugned judgment.”
Upon further inquiry, he reiterated,
“Yes yes. It has been made very clear. Not as a PIL.”
The Court’s decision also took into account the numerous suits already pending before the civil court. Justice Khanna observed,
“…Looking to the fact that as many as 10 suits are stated to be pending before the civil court and also there should be more suits that can be said to be pending and issue can be said to be of seminal public importance affecting the masses beyond tribe and beyond communities having not proceeded an inch further since their institution on merits for past two to three years, provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this Court under Section 24(1)(b) CPC.”
This ruling by the Supreme Court underscores the legal complexities surrounding the Shahi Idgah Mosque and the Krishna Janmabhoomi site. The decision reflects the judiciary’s cautious approach in dealing with cases that involve intricate historical and religious claims, and the need for a careful and balanced legal approach. The Court’s guidance on filing the matter as a separate petition, rather than a PIL, opens a new avenue for the petitioner to seek legal redressal.
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