The Atala mosque, located in Uttar Pradesh’s Jaunpur, has moved the Allahabad High Court challenging a local court’s May 2024 order that allowed the registration of a suit which claims that the mosque was originally an ancient temple referred to as ‘Atala Devi mandir’. The mosque has challenged a suit pending before a local court in which the plaintiffs have sought a declaration that the disputed property is the ‘Atala Devi Mandir.’ Hearing on Dec 9.
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UP: The Atala Mosque, situated in Jaunpur, Uttar Pradesh, has taken legal recourse to challenge a May 2024 decision by a local court. This earlier ruling allowed the registration of a suit claiming the mosque was originally a 13th-century Hindu temple known as ‘Atala Devi Mandir.’
The case, filed by the Swaraj Vahini Association (SVA) and Santosh Kumar Mishra in a representative capacity, seeks a judicial declaration that the disputed property is indeed the ‘Atala Devi Mandir’ and that adherents of the Sanatan religion have the right to worship there.
The plaintiffs have further sought possession of the property, along with a mandatory injunction prohibiting non-Hindus from entering the premises.
The trial court initially permitted the case to proceed under Order 1 Rule 8 of the Civil Procedure Code, which allows suits filed in a representative capacity. This decision was later upheld by the District Judge in August 2024.
However, these rulings have now been challenged by the Atala Mosque’s managing committee in a petition before the Allahabad High Court.
The mosque, in its petition, argues that the plaintiffs’ case suffers from multiple legal flaws, asserting that:
- The Swaraj Vahini Association, being a society registered under the Societies Registration Act, is not a juristic person, thus lacking the legal standing to file such a suit in a representative capacity.
- The society’s bylaws do not authorize it to engage in litigation of this nature.
- The plaintiffs’ claim of representing Hindus of Purvanchal is vague and unverifiable, as the term itself is undefined.
- The original suit is directed against ‘Peace Committee Jama Masjid (Atala Masjid)’, a non-existent entity, making the description of the defendant absurd and indicative of a possible conspiracy.
- The Waqf Board, a critical stakeholder, was not included as a party to the suit.
The petitioner contends that these factors highlight procedural and substantive irregularities, and as such, the trial court should have dismissed the case outright. They allege that allowing the suit to proceed represents “an abuse of the process of law.”
In their submissions before the Jaunpur Civil Court, the Hindu plaintiffs claim that the property was initially a temple constructed in the 13th century by Raja Vijay Chandra.
According to them:
- The temple was a center of Hindu rituals such as puja, sewa, and kirtan.
- During the 13th century, after Feroz Tughlaq’s invasion, the temple was partially demolished, and a mosque was constructed using its existing structure and pillars.
- Hindus were barred from entering the site post-construction of the mosque.
The plaintiffs assert that the Atala Masjid’s architecture still retains Hindu features, which they argue proves its origin as a temple. They further maintain that:
“Islamic teachings and the Quran do not permit offering Namaz in a mosque built on the ruins of a demolished temple,”
-claiming that this construction violates both religious principles and legal tenets.
The petitioner emphasizes that the site has been a mosque since its construction in 1398 and has remained under continuous possession and use by the Muslim community for religious practices, including Juma prayers. They firmly deny the claims of the Hindu plaintiffs, stating that the property has never been owned or controlled by any other religious group.
The Atala Mosque’s petition before the Allahabad High Court challenges both the local court’s decision to register the case and the District Judge’s subsequent ruling to uphold this decision. The mosque contends that these orders fail to recognize the procedural and legal shortcomings of the plaintiffs’ case.
The High Court will now examine the competing historical claims, the procedural validity of the suit, and the broader implications of the dispute on communal harmony and legal precedent on December 9.
The Atala Mosque case underscores a deeply sensitive and contentious debate surrounding historical monuments and religious identities in India.
The Allahabad High Court’s decision could set a significant precedent for similar disputes and will be closely watched for its potential ramifications on legal and communal dynamics in the region.
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