Supreme Court orders removal of mosque from Allahabad High Court premises in three months
New Delhi, March 13
The Supreme Court on Monday ordered removal of a mosque from the premises of the Allahabad High Court within three months, holding that the structure stood on a terminated lease property.
“If the construction is not removed within a period of three months from today, it will be open for authorities including the high court to have them removed or demolished,” a Bench led by Justice MR Shah said, dismissing a petition filed by Waqf Masjid High Court and UP Sunni Central Waqf Board against a November 2017 order of the Allahabad High Court.
The Bench – which also included Justice CT Ravikumar, however, allowed the petitioners to make a representation to the Uttar Pradesh Government for allotment of land nearby for the mosque. Earlier, it had directed the parties to arrive at a consensus on where the mosque should be relocated.
Noting that the land on which the mosque stood was a lease property, which was terminated, the Bench said the petitioners can’t claim it as a matter of right to continue.
On behalf of the petitioners, senior advocate Kapil Sibal said the mosque has been there since the 1950s and it can’t be just asked to move 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 said.
Senior advocate Rakesh Dwivedi, representing the high court, said it was a case of complete 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,” Dwivedi said.
The high court had told the top court it didn’t have an alternative plot of land to relocate the mosque and the state may consider shifting it to another area as there was already a shortage of space for parking.
