The Supreme Court on Monday directed authorities to remove a mosque from the premises of the Allahabad High Court within three months, telling the petitioners opposing the demolition that the construction stood on a terminated lease property and so they cannot declare it as a matter of proper to proceed. The petitioners, Waqf Masjid High Court and UP Sunni Central Waqf Board, had challenged a November 2017 Allahabad High Court order, which had given them three months to transfer the mosque out of the premises.
The prime courtroom dismissed their plea on Monday. A bench of Justices MR Shah and CT Ravikumar, nonetheless, allowed the petitioners to make a illustration to the UP authorities for allotment of land close by for the mosque. It informed the petitioners that the land was a lease property, which was terminated, and so they cannot declare it as a matter of proper to proceed. (*3*) the bench mentioned.
Senior advocate Kapil Sibal, showing for the administration committee of the mosque, mentioned the mosque has been there for the reason that Fifties and it can’t be simply requested to transfer out. “The government changed in 2017 and everything changed. A PIL is filed 10 days after the new government was formed. We have no problems with shifting to an alternative place as long as they give it to us,” he mentioned.
Senior advocate Rakesh Dwivedi, showing for the excessive courtroom, mentioned that this was a case of full fraud.
“Twice there were renewal applications and there was no whisper at all that the mosque was constructed and it was used for the public. They sought renewal saying it was needed for residential purposes. The mere fact that they are offering namaz will not make it a mosque. If in the Supreme Court verandah or HC verandah, if namaz is allowed for convenience, it will not become a mosque,” he mentioned.
The prime courtroom had earlier requested the Uttar Pradesh authorities to discover the potential of granting a bit of land to relocate the mosque. The excessive courtroom had informed the apex courtroom it doesn’t have another plot of land to relocate the mosque and the state might take into account shifting it to one other space. It had additionally mentioned there was already a scarcity of house for parking. The apex courtroom beforehand directed the events to arrive at a consensus on the place the mosque needs to be relocated.
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