Can a Mosque remain on premises of Allahabad High Court? Supreme Court to decide

The High Court had observed that the Mosque had come up on encroached land. It had said that its premises shall not be permitted for religious activity

The Supreme Court on Friday adjourned hearing on a plea which sought the removal of a Mosque from the premises of the Allahabad High Court premises.

The Allahabad High Court had in 2017 ordered the removal of a Mosque called the Waqf Masjid High Court from its premises for enrichment.

The Waqf Board had moved the Supreme Court in 2018, which had ordered that status quo be maintained with respect to the Mosque.

On Friday a Division Bench of Justices M R Shah and C T Ravikumar directed that the matter be listed for hearing on March 13.

The High Court had alleged that the Waqf was registered only after the lesses, who had originally constructed no more than a tin shed, lost in the Supreme Court and were directed to hand over the possession of the encroached land.

Senior advocate Rakesh Dwivedi appearing on behalf of the respondent High Court argued, "there was no masjid at all. The three lessees of the parcel of land were directed to hand over possession in the first round of litigation at the Supreme Court. That is when they created a waqf and got it registered. Now, this waqf board is fighting a legal battle. But, this is simply a matter of encroachment. The original lease was registered in 1996 and renewed in 1998. In either document, there was no mention of a mosque. Even in the first round of litigation, no masjid was mentioned."

He also said that the disputed area was needed to construct the advocate-general's office as well as the High Court's annex, which would house the registry and chamber of the judges.

Uttar Pradesh's additional advocate-general argued Garima Prashad argued that they badly needed the building.

The Board had sought the adjournment on the ground that the senior advocate was not available.

When the adjournment was sought, Dwivedi urged the court to list the matter soon. "We have been waiting for the last ten years even after a final judgement of the Supreme Court," he said.

"It will only be possible to take this after the vacation. Anyway, good things are to be done only after Holi. Humarein yaha kehte hain saamne Holi aahti hain toh achchha kaam nahi karte ( It is said that where I come from that when Holi is close, nothing auspicious should be done before it): Justice Shah said.

"Put up on March 13. No further time shall be granted on that day on any grounds," Justice Shah said.

The Mosque is situated in the premises of the Allahabad High Court. It is alleged that the same was illegally constructed on encroached land. In the year 2017, the High Court had instructed the Registrar General to ensure that no part of its premises, either in Allahabad or Lucknow is permitted to practice religion or offering prayers or to worship or to carry out any religious activity by any group of persons.

A Bench headed by then Chief Justice of the High Court, Dilip B Bhosale had said, "while a citizen has complete freedom to profess, practice and propagate religion of his choice, he cannot claim right to erect structures in the name of religion in an unauthorised manner over public land or over land of others."