Budaun: In yet another controversy over religious structures, the management committee of the Shamsi Shahi mosque on Saturday told a court here that a petition from a Hindu outfit which claimed that it was the site of an ancient Neelkanth Mahadev mandir was not maintainable.
The Masjid Intezamia Committee of Shamsi Shahi mosque and Waqf Board completed their arguments before the fast track court which will now hear on December 5 the matter which first came up in 2022.
The development comes close on the heels of the violence in the neighbouring Sambhal district where five people were killed and several people, including police personnel, were injured on November 24 during a violent protest against a court-ordered survey of a mosque which the petitioners claimed was built after destroying an old temple.
In the Budaun case, the then convener of Akhil Bharat Hindu Mahasabha, Mukesh Patel, had filed the petition seeking permission to worship there claiming that it was a temple.
The Shamsi Shahi Masjid, which is built on an elevated area called Sotha Mohalla, is considered to be the highest structure in Budaun town. The mosque is also believed to be the third oldest existing and seventh largest mosque in the country, with a capacity of housing 23,500 people.
The defendants, advocates Anwar Alam and Asrar Ahmed, representing the mosque committee of Shamsi Shahi mosque and the Waqf Board respectively, completed the arguments on Saturday. They argued the case falls under Order VII Rule 11 of CPC which provides for rejection of plaint. Clause (d) of the provision specifies "where the suit appears from the statement in the plaint to be barred by any law".
Anwar Alam said after hearing the mosque side, Civil Judge (Senior Division) Amit Kumar Singh has fixed the date of December 3 for the next hearing. Shamsi Shahi Masjid Intezamia Committee's advocate Asrar Ahmed said the mosque is about 850 years old and there is no temple there.
He said the Hindu Mahasabha has no right to file a petition in this matter. There is no justification for allowing worship in the mosque, he said. Earlier, the report of the Department of Archaeology was presented in the court and arguments on behalf of the government were completed.
The petitioner's advocate Vivek Render said he has argued for permission to worship in the temple and claimed that he has presented "solid evidence" in the court. Render said they would also reply to the Muslim side's arguments about the non-maintainability of the case.
"After their arguments are over, we will also answer that," Render said, and added he believes that they will get justice from the courts.
A litany of mosque-temple lawsuits where parties have put up contesting claims have come up recently, especially in Uttar Pradesh, leading to communal tension in some areas.
On November 27, a court issued a notice in a civil suit which claims that a Shiva temple exists in the dargah of Sufi saint Moinuddin Chishti in Rajasthan's Ajmer.
