NEW DELHI: 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 the Waqf Masjid High Court and the 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 couldn’t claim it as a matter of right to continue.
On behalf of the petitioners, senior advocate Kapil Sibal said the mosque had been there since the 1950s and it could not be just asked to move out.
“The government changed in 2017 and everything changed. A PIL was 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 HC, 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, 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 to relocate the mosque and the state may consider shifting it to another area as there was already a shortage of space for parking.
The Supreme Court on Monday rejected a plea for a copy of the Central Bureau of Investigation report on the closure of its preliminary inquiry into allegations that former UP chief ministers Mulayam Singh Yadav and his son Akhilesh Yadav amassed assets disproportionate to their known sources of income.