The Supreme Court has declined a plea challenging an Allahabad High Court decision dismissing a Public Interest Litigation (PIL). The PIL sought the Uttar Pradesh government's directive to acquire the Krishna Janmabhoomi Janmasthan in Mathura, handing it over to Hindus for worshipping Lord Krishna.
The bench of Justices Sanjiv Khanna and Dipankar Datta emphasized the ongoing consideration of the matter in the high court, stating, "The issue is already pending before the high court. Let's not have multiplicity of litigation." The dismissal of the appeal followed the high court's October 11, 2023, order, citing pending suits as the grounds for rejecting the PIL.
Mahek Maheshwari, the petitioner, expressed that the high court dismissed the PIL due to pending suits. The Supreme Court bench clarified, "We are not inclined to interfere with the impugned judgment, and hence the SLP is dismissed." They underscored that the dismissal doesn't impede parties from challenging the validity of any enactment.
In the PIL, Maheshwari, a devout Hindu, sought protection of his fundamental right to worship, urging the state to acquire the Krishna Janmabhoomi Janmasthan for Hindu worship. The state government's counsel opposed, arguing it wasn't in the public interest and appeared to serve a personal cause.
The high court's order on May 26, 2023, transferring 10 related cases from a lower court underscored the issues involved. These cases covered declarations, injunctions, the right to worship at Shri Krishna Janmasthan, and the removal of the alleged Shahi Idgah Mosque structure.
The high court stated, "Since the issues involved in the present writ (PIL) are 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."
