Supreme Court Affirms Order To Remove Mosque From Allahabad High Court Premises; Allows Waqf To Request State For Alternative Land

The Supreme Court, on Monday, affirmed the order passed by the Allahabad High Court in 2017 for the removal of a mosque named "Masjid High Court" from its premises.While dismissing the special leave petitions filed by Waqf Masjid High Court and the UP Sunni Central Waqf Board, a bench comprising Justices MR Shah and CT Ravikumar granted three months time to the petitioners to remove the mosque. If the construction is not removed within a period of 3 months from today, it will be open for authorities including the High Court to have them removed or demolished, the bench added.The bench has also granted permission to the petitioners to make a representation to the Uttar Pradesh Government for allotment of alternative land in the nearby area. The State may consider the representation in accordance with law and on its own merits, taking into consideration if such lands are not required for any other public purpose, either present and future.The bench passed the order taking note of the fact that the mosque was situated in a government lease land and the grant was cancelled way back in 2002. After the cancellation of the lease, the land was resumed in favour of the High Court in 2004 for its expansion. The bench noted that the Supreme Court had in 2012 affirmed the resumption of land and hence, the petitioners cannot claim any legal right over the premises. In this backdrop, the bench refused to interfere with the High Court's order which was passed in a PIL filed by an Advocate named Abhishek Shukla.Arguments in Court.Senior Advocate, Mr. Kapil Sibal, appearing for the Waqf Masjid High Court, briefly narrated the history of the Masjid in order to provide a background to the dispute. He submitted that the present building of the Allahabad High Court was constructed in the year 1861. Since then the Muslim advocates, Muslim clerks, Muslims clients were offering namaz on the northern corner on Fridays; there was an arrangement for wazu as well. Later, the chambers of judges were constructed near the verandah where namaz was being offered. At the request of a Muslim Lawyers’ delegation, the Registrar of the High Court provided another place at the southern end for offering namaz. At the time, an individual, who was having a government grant land, offered them space to offer namaz at a private mosque on the premises. Thus, the private mosque was converted into a public mosque. Around 1988, the lease of the land on which the mosque was situated was renewed for another 30 years, which was to come to an end in 2017. However, on 15.12.2000, the lease was cancelled, but namaz continues to be offered at the mosque till date.He said that the mosque is situated across the road outside the High Court and it was wrong to say that it was situated within the premises of the High Court. “Govt changes in 2017. The Government changed, and everything changed. PIL is filed ten days after the new government was formed", he said.It was urged that the Waqf does not have a problem if the mosque is shifted to an alternative place. However, he submitted the Bench that the High Court has constructed a 9 storied building although they had authorization to build only 6 stories, and the mosque land is sought to be taken for satisfying the increased set-back requirement for the additional floors.“Now they say they have built 9 storeys, so they need a set back of 11 meters. So, they say we have to go…They don't have 11 meters on all sides. And they want 11 meters on our side.”He added - “We are still willing to move, if we are given another space. That they are not willing.”Justice Shah enquired, “What is the area of namaz sthal?”Mr. Sibal responded, “450 square meters. And this has been going on since 1960. It is not even near the High Court.”Justice Shah stated, “This land belongs to the government which was given to lease to a private person. And now the lease has been terminated.”Mr. Sibal submitted that the mosque was functioning as a public mosque for decades. He emphasized that the Waqf doesn’t want to jeopardize fire safety and for that reason is amenable to an alternative solution, i.e., alternative site. He further submitted - “The entire impression in the HC judgment is that the mosque is in the premises of the High Court. That is not correct.”Senior Advocate, Ms. Indira Jaising appearing for UP Sunni Waqf Board submitted -“This was a renewable lease. It was a private mosque to begin with and thereafter, it was dedicated to the public and registered with the Waqf board. So it is today a Waqf mosque. The land belongs to the Govt. There are documents showing we are in possession. We are willing to be given to an alternate site. We are not insisting that namaz should be offered on the present site.” Ms. Jaising submitted that the original set back was supposed to be 6 meters - “Also, the original set back was assigned on the basis that the HC building will have 6 meters. If your lordships are satisfied that safety regulations are...

Supreme Court Affirms Order To Remove Mosque From Allahabad High Court Premises; Allows Waqf To Request State For Alternative Land

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