New Delhi: The Supreme Court on Monday affirmed the Allahabad High Court order passed in 2017, directing removal of a mosque from its premises.
A bench of Justices M.R. Shah and C.T. Ravikumar declined to interfere with the high court order and granted three months’ time to the petitioner to remove the mosque from the high court premises. It noted that the high court can demolish the construction, if it is not cleared within three months and also allowed the petitioner, Waqf Masjid High Court to make a representation to the state government for alternative land.
The bench said it does not see any reason to interfere with the impugned judgment and order of the high court. It added, however, it will be open to the petitioners to make a detailed representation to the state government seeking alternative land, which may be considered in accordance with law and on its own merits, and refused to entertain a petition challenging the high court order.
The bench noted that the mosque was situated on government lease land and the grant was cancelled in 2002, and after cancellation of the lease, the land was resumed in favour of the high court in 2004 for its expansion.
Senior advocate Kapil Sibal, representing the Waqf Masjid High Court, narrated the history of the mosque and added that Muslims were offering namaz and there was an arrangement for wazu as well. He said that the mosque is situated across the road outside the high court and wrong to say it was on the high court premises.
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