A Special Leave Petition (SLP) has recently been submitted to the Supreme Court challenging a decision made by the Allahabad High Court in October of the previous year. The High Court had dismissed a Public Interest Litigation (PIL) seeking the acknowledgment of the Shahi Idgah Mosque site in Mathura as Krishna Janam Bhoomi.
Advocate Mahek Maheshwari, along with Advocates Anuj Saxena, Nitish Raj, and Anuj Ruhela, has filed the SLP, claiming that the High Court overlooked crucial facts in the petitioner's case and hastily dismissed the PIL without proper consideration of the circumstances. The SLP contends that the High Court's dismissal on the grounds of similar issues pending before the court in another matter was arbitrary and preconceived.
According to the SLP, the PIL raised matters of public interest and fundamental rights violation for millions of Hindus, which should have been heard on merit rather than summarily dismissed. The petitioner argues that other high courts have considered similar PILs independently of pending suits on the same subject.
Citing the precedent set by the Supreme Court in the Ayodhya Ram Janmabhoomi case, the SLP emphasizes that similar issues were heard concurrently, and the matters were not summarily dismissed due to the existence of related suits.
The SLP has been filed in the interest of justice and to protect the fundamental rights of millions of Hindus. It seeks special leave to appeal against the High Court's final order. Additionally, as an interim relief, the SLP requests permission for Hindus to offer prayers at the disputed site on a specific day of the week and on Krishna Janmashtami during the pendency of the petition.
The underlying PIL, originally filed by Maheshwari in 2020, asserted that the Shahi Idgah Mosque in Mathura is not an essential part of Islam. Maheshwari argued for the demolition of the mosque, claiming the land as Krishna Janmabhoomi, and advocated for the formation of a trust to build a temple on the disputed land.
The PIL was initially dismissed but later reinstated before being ultimately rejected by a division bench of the Allahabad High Court on October 11, 2023.
Case: Mahek Maheshwari v. UOI & Others.
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