Jaunpur Mosque Challenges Court Order Over Temple Claim In Allahabad HC

The managing committee of the Atala mosque in Jaunpur, Uttar Pradesh, has approached the Allahabad High Court to challenge a local court’s order that directed the registration of a lawsuit filed by the Swaraj Vahini Association.

The lawsuit claims that the mosque was originally an ancient Hindu temple.

The mosque’s committee argued that the Swaraj Vahini Association, being a registered society under the Societies Registration Act, is not a “juristic person” and, therefore, can’t legally initiate a lawsuit of this nature. A juristic person is an entity that is legally treated as an individual under the law.

The mosque authorities also contended that the property has been a mosque since its construction in 1398 and has always been in the possession of Muslims. They argued that no other religious group has any title over the property.

The original suit, filed by the Swaraj Vahini Association in May 2023 before the Jaunpur Civil Court, claims that the Atala mosque was originally a Hindu temple. It seeks a declaration that the property be recognized as a Hindu temple and that followers of the Sanatan Dharma, a term often used as a synonym for Hinduism, have the right to worship there.

The association also requested a court order to prevent non-Hindus from entering the premises. The group claims that the temple, originally built by Raja Vijay Chandra in the 13th century, was demolished during the rule of Firuz Shah Tughlaq in the 14th century, making way for the mosque’s construction.

On July 25, a court-appointed team arrived at the site to conduct a survey but was forced to turn back as the mosque gates were closed.

This case is part of a broader pattern of disputes over religious sites in India. Recently, a similar conflict occurred in Sambhal, Uttar Pradesh, where violence erupted after a court-ordered survey of the Shahi Jama Masjid in Chandausi.

The survey was ordered following a lawsuit claiming that the mosque, built by Mughal ruler Babar in 1526, was constructed over a centuries-old Hindu temple dedicated to Lord Kalki. The violence during the survey resulted in 5 deaths.

Additionally, on November 27, a Rajasthan court admitted a petition claiming that the shrine of 13th-century Sufi saint Khwaja Moinuddin Chishti in Ajmer was built over a Shiva temple.

These incidents highlight the ongoing tension surrounding religious sites across the country, with courts often asked to address complex and sensitive issues related to their historical and religious significance.

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