The Supreme Court refused to interfere with the order to remove the mosque from the Allahabad High Court premises. The top court, while upholding the High Court's decision, has given three months to remove the mosque. Also allowed the petitioner Waqf Masjid High Court to make a representation to the state government for alternative land.
A bench of Justice MR Shah and Justice CT Ravikumar said, "We do not see any reason to interfere with the order of the High Court." However, it would be open to the petitioners to make a detailed representation to the State Government seeking alternative land, which may be considered following the law.
The bench told the petitioners opposing the removal of the mosque, the land was a leasehold property that was terminated. They cannot claim to uphold it as a matter of right. The apex court was hearing a petition filed by the Waqf Masjid High Court and the Uttar Pradesh Sunni Central Waqf Board challenging the Allahabad High Court order.
If the mosque is not removed in three months, the High Court has the option of demolishing it.
We give three months to the petitioners to remove the construction in question, the bench said. If the construction is not removed within three months from today, then the option of removing or demolishing it will be open to other authorities including the High Court.
Kapil Sibal, counsel for the mosque management committee, said the mosque is from the 1950s. It cannot be asked to be removed just like that. In 2017, the government changed and everything changed. A public interest litigation was filed 10 days after the formation of the new government. As long as they provide us with the land, we have no problem moving to an alternate location.
High Court lawyer Rakesh Dwivedi said it is a case of complete fraud. Renewal applications came twice and there was not even a whisper that the mosque had been built. It was used for the public. Seeking renovation, said it is required for residential purposes. The mere fact that they are offering prayers will not make it a mosque. If prayers are allowed in the verandah of the Supreme Court or High Court for convenience, it does not become a mosque.
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