38.6c New Delhi, India, Thursday, March 28, 2024
Judiciary

SC orders to remove mosque from Allahabad HC premises

By LawStreet News Network      14 March, 2023 05:07 PM      0 Comments
SC orders to remove mosque from Allahabad HC premises

NEW DELHI: The Supreme Court on Monday dismissed appeals filed by Waqf Board against the 2017 Allahabad High Court's direction to remove a "mosque" located on the court's premises, while posing a question as to how a lease land was converted into Waqf property.

The top court directed for removal of the mosque within three months.

A bench of Justices M R Shah and C T Ravikumar declined to interfere with the high court order of 2017.

The bench said that the high court can demolish the construction, if it is not cleared within three months. It also allowed the petitioner, Waqf Masjid High Court to make a representation to the state government for an alternative land, which may be considered in accordance with law and on its own merits.

The bench also recorded that the mosque was situated on government lease land and the grant was cancelled in 2002, and after cancellation of the lease the land was resumed in favour of the high court in 2004 for its expansion.

Dwelling upon the history of the matter, senior advocate Kapil Sibal, appearing for the Waqf Masjid High Court, said that Muslims were offering namaz and there was an arrangement for wazu as well.

He said that the mosque is situated across the road outside the high court and it was wrong to say it was on the high court premises.

In 2017, as the government changed and a PIL was filed against the mosque even though the mosque was functioning as a public mosque for decades.

Senior Advocate Indira Jaising, representing the UP Sunni Waqf Board, submitted that though the land belonged to the government but the board was in possession of the mosque meant for public use.

She submitted that they were agreeable to an alternate site and would not insist that namaz has to be offered there.

Senior advocate Rakesh Dwivedi, appearing for the high court, contended that this was a complete fraud and the petitioner unnecessarily gave the matter a religious colour. On a private lease land, one can't create a waqf, he contended.

"Mere offering namaz will not make a place a mosque. If in the Supreme Court verandah or high court verandah namaz is allowed for convenience, it will not become a mosque. These activities will not make it a mosque. Mosque is a serious affair. It should be dedicated in a proper way. Sometimes we see namaz in roads outside small mosques. That will not make the roads mosque," he said.

Dwivedi also said they can't bargain for an alternate land.

The court told the mosque’s counsel they had no right over there since it was a lease property.

"The lease was terminated and land was resumed and confirmed by this court in 2012, you can't claim it as a matter of right to continue," the court said.

Additional Solicitor General Aishwarya Bhati, appearing for the UP government, said there is another mosque adjacent to the high court and in 2004, the land was resumed for the high court and now, we are in 2023 now. She added that they are not raising any other ground except that the government has changed.

A petition was filed in the Allahabad High Court by Abhishek Shukla, contending that the mosque, a waqf property stood on land, which originally belonged to the high court.
 



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

delhi-high-court-warns-against-aaps-call-for-protest-in-court-premises-amid-kejriwal-arrest
Trending Judiciary
Delhi High Court Warns Against AAP's Call for Protest in Court Premises Amid Kejriwal Arrest

Delhi High Court warns Aam Aadmi Party's Legal Cell of severe action for any protest in Delhi Courts against Arvind Kejriwal's arrest.

27 March, 2024 05:57 PM
gross-negligence-and-illegality-bombay-hc-orders-legal-action-against-doctor-for-improper-post-mortem-examination
Trending Judiciary
Gross negligence and illegality: Bombay HC orders legal action against doctor for improper post mortem examination [Read Order]

Bombay HC orders legal action to be taken against a doctor for negligence during post-mortem examination.

27 March, 2024 06:33 PM

TOP STORIES

global-entertainment-giants-warner-bros-netflix-amazon-get-relief-from-delhi-hc-in-copyright-protection-case
Trending Business
Global entertainment giants Warner Bros, Netflix, Amazon get relief from Delhi HC in copyright protection case

Delhi HC grants relief to global entertainment giants like Netflix, Amazon, Warner Bros, ordering takedown of copyrighted content on rogue websites.

22 March, 2024 12:13 PM
arvind-kejriwal-arrested-can-cm-administer-a-region-while-being-in-jail
Trending Top Stories
Arvind Kejriwal Arrested | Can CM administer a region while being in jail?

Will President's rule be imposed in Delhi after Kejriwal’s arrest? Read the full article to know more.

22 March, 2024 03:16 PM
merely-because-you-are-politician-cant-bypass-statutory-remedies-procedure-sc-refuses-to-consider-bail-by-kavitha
Trending Judiciary
'Merely because you are politician, can't bypass statutory remedies, procedure,' SC refuses to consider bail by Kavitha

Supreme Court denies bail to politician Kavitha in Delhi Liquor Policy Scam; ED alleges Rs 100 crore illegal gratification.

22 March, 2024 03:34 PM
ponmudi-to-be-sworn-in-as-minister-tn-governor-relents-before-sc
Trending Judiciary
Ponmudi to be sworn in as Minister, TN Governor relents before SC

Tamil Nadu Governor relents to Supreme Court's order, agrees to swear in DMK leader K Ponmudi as Minister after court's rap.

22 March, 2024 03:54 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email