Krishna Janmabhoomi - Shahi Idgah case: Allahabad High Court dismisses PIL for removal of mosque

The Allahabad High Court on Wednesday rejected a public interest litigation (PIL) petition seeking the recognition of Mathura's Shahi Idgah Mosque site as Krishna Janmabhoomi (birthplace of Krishna) and which had also sought the removal of the mosque from the disputed land..A bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava passed the order today after it was reserved for judgment in September.The Court dismissed the PIL after noting that the reliefs sought were already pending consideration before the High Court in related suits. "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 Court's order stated. .The PIL plea was filed by advocate Mahek Maheshwari in 2020, who argued that numerous historical texts have documented that the site in question was in fact Krishna Janmabhoomi. .Furthermore, 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. .As such, the petitioner had 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 this year, 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..[Read Order]