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“Mere fact that they are offering namaz will not make it 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", the Supreme Court was told on behalf of the High Court.
The Supreme Court today dismissed a plea challenging the Allahabad High Court's 2017 order directing removal of a mosque from its premises.
Furthermore, a division bench comprising Justices MR Shah and CT Ravikumar has granted the petitioners three months time to remove the mosque.
As a relief to the petitioners, they have been allowed to make a representation to the Uttar Pradesh Government for allotment of alternate land in the nearby area.
Court noted that the mosque was situated in a government lease land whose grant was cancelled way back in 2002.
Senior Advocate Kapil Sibal, appearing for the Waqf Masjid High Court, informed the bench today that Muslim advocates, clerks, and clients used to offer namaz in the Mosque on Fridays.
Sibal added that the mosque was situated across the road outside the High Court and it was incorrect to say that it was situated within the premises of the High Court.
The High Court, on the other hand, submitted that this was a case of complete fraud.
Senior Advocate Rakesh Dwivedi, appearing for the High Court, added that there was a clause in the lease deed that buildings should not be constructed without prior permission.
"On a private lease land, you cannot create a waqf. You have only limited rights as a lessee...", Dwivedi submitted.
Case Title: Waqf Masjid High Court vs. High Court of Judicature Allahabad Registrar General And Ors.
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