Issue Involved Is Already Engaging Attention Of Court: Allahabad HC Dismisses PIL On Krishna Janmabhoomi Case
The Allahabad High Court has dismissed the PIL (Public Interest Litigation) relating to the Krishna Janmabhoomi case on the ground that the issue involved is already engaging the attention of the court.
The instant writ (PIL) sought to espouse the cause of denial of fundamental rights under Articles 25 and 26 of the Constitution by preventing the Hindus from worshipping actual place of Krishna Janmsthan at Mathura by construction of the Shashi Idgah Mosque after demolition of the temple as also the issue of imposing Sections 2, 3, and 4 of the Places of Worship Act, 1991, which were alleged to be unconstitutional.
A Division Bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava said, “Since the issues involved in the present writ (PIL) is already engaging attention of the Court in appropriate proceedings (i.e. the pending suits), we are not inclined to entertain the instant writ (PIL) and the same is accordingly dismissed.”
The petitioner Mehek Maheshwari appeared in person while Chief Standing Counsel Kunal Ravi Singh appeared for the respondent.
The petitioner submitted that his fundamental right to worship be facilitated and protected and wanted the actual place of Krishna Jahmabhoomi Janmasthan over which the Shahi Idgah Mosque exists be acquired by the State Government and be handed over to the Hindus for worshipping Lord Krishna Virajman in the Krishna Janmasthan. It was averred in the petition that the maternal great grand-mother, who resided in Mathura, told the petitioner about the spiritual importance of Mathura and Braj Mandal 84 Kos. She also told the petitioner how the Shahi Idgah masjid came to be constructed after demolition of a lofty temple of Lord Shree Krishna at the birth place by Aurangzeb, the Mughal Emperor.
It was also averred that the right of worship of the Hindu Community was substantially reduced from 13.37 Acres of land of Sri Krishna Janmasthan on account of encroachment of Trust Masjid Idgah, which managed the affairs of the Shahi Idgah. It was further averred that the Committee of Management of Masjid Trust Idgah entered into an illegal compromise with the Society Shree Krishna Janmasthan Sewa Sangh and both played fraud upon the Court, the dieties and devotees with a view to grab the property. A civil suit was filed in which also, the ownership and possession of the land in dispute was upheld. Yet another suit was filed questioning the sale deed which was dismissed based on the compromise and it was agreed that the decision would be binding on the parties. Thereafter, a Trust in the name and style of “Shri Krishna Janmbhoomi Trust” was created under which, the entire land measuring 13.37 Acres was dedicated to the diety Lord Shree Krishna Virajman.
The High Court in the above regard noted, “We have heard Shri Mahek Maheshwari in support of writ (PIL) prose as also Shri Kunal Ravi Singh, learned Chief Standing Counsel for the State of U.P. and have perused the records. We have also gone through the order dated 26.05.2023 passed in Transfer Application (Civil) No. 88 of 2023 which throws some light upon the nature of the Suits and the reliefs claimed therein which are pending consideration in the High Court. The Suits are for declaration, injunction and right to worship at the site of Shri Krishna Janmasthan and also for removal of the structure alleged to be the Shahi Idgah Mosque.”
The Court said that the pending suits involve the issues relating to the interpretation of various facts of statutes, constitutional law, personal law, and common law.
Accordingly, the High Court dismissed the PIL.
Cause Title- Mehek Maheshwari v. Union of India and 4 Others (Neutral Citation: 2023:AHC:195431-D)
