The managing committee of the Atala mosque in Uttar Pradesh’s Jaunpur has moved the Allahabad High Court challenging a local court’s order directing the registration of a lawsuit by the Swaraj Vahini Association in representative capacity, Live Law reported on Friday. The suit claims that the mosque was originally an ancient Hindu temple.
The mosque committee argued before the High Court that the petitioner is a society registered under the Societies Registration Act, and therefore, not a “juristic person” under law who can engage in legal action of this nature. A juristic person is a legal entity that is treated as a person.
The mosque authorities argued that the property in question has always been a mosque since its construction in 1398 and that it has never been in the possession of followers of any other religion, nor do they have any title over the same.
The original suit filed by the Swaraj Vahini Association in May before the Jaunpur Civil Court sought that the property be declared as a temple and that followers of the Sanatan religion have the right of worship therein. Sanatana Dharma is a term some people use as a synonym for Hinduism.
The association had also sought a direction that would restrain non-Hindus from entering the premises.
It claimed that Raja Vijay Chandra built the Atala Devi temple in the 13th century, where Hindu rituals such as puja, sewa and kirtan were performed.
The temple was demolished during the rule of Firuz Shah Tughlaq in the second half of the 14th century, allowing for the construction of the mosque, the association claimed.
On July 25, a court-appointed team had reached the site to conduct a survey but had to return because the gates were closed, Dainik Bhaskar reported.
Several such disputes of similar nature have come to the fore in recent weeks.
On November 24, violence broke out in Uttar Pradesh’s Sambhal after a group of Muslims objected to a court-ordered survey of the Shahi Jama Masjid in Chandausi town.
A trial court had ordered the survey in response to a suit claiming that the mosque had been built in 1526 by Mughal ruler Babar on the site of the “centuries-old Shri Hari Har Temple dedicated to Lord Kalki”.
Five persons were killed in the violence during the survey.
On November 27, a Rajasthan court also admitted a petition claiming that the shrine of 13th-century Sufi saint Khwaja Moinuddin Chishti in Ajmer was built over a Shiva temple.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!