Yesterday, On 3rd December, In the ongoing Budaun Mosque dispute, the Masjid Committee has argued in court that the case is barred under the Places of Worship Act, 1991, and asserted that the property is registered as Waqf land. This follows a petition by the All India Hindu Mahasabha alleging the mosque was built over a demolished temple. The court scheduled the next hearing for December 10.
A court is currently hearing a plea from a Hindu organization seeking permission to worship at the Jama Masjid Shamsi, claiming it was originally a temple. On Tuesday, the court instructed the Muslim representatives to complete their arguments by December 10.
Asrar Ahmed, the lawyer for the Shamsi Shahi Jama Masjid Intezamia Committee and the Waqf Board, challenged the standing of the Akhil Bharat Hindu Mahasabha to file the petition.
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Ahmed urged the court to dismiss the request, stating,
“The mosque is about 850 years old,”
And emphasized that there is “no existence of a temple” at the site and that Hindus have never worshipped there in the past. He argued that the Hindu organization lacks the legal right to be a plaintiff in this case, asserting that such a petition violates the Places of Worship Act, 1991.
On the other hand, Advocate Ved Prakash Sahu, representing the Hindu side, accused the Muslim representatives of unnecessarily prolonging the proceedings.
The court has ordered the Muslim side to appear on December 10 at 10:30 a.m. to finalize their arguments, after which the petitioners will present their case.
Sahu asserted,
“We have sufficient evidence, and we are confident we will receive permission from the court for worship.”
Mukesh Patel claimed that the Neelankant temple, located in the fort of King Mahipal, destroyed by the ruler of the slave dynasty, Shamsuddin Iltutmish, and converted into the mosque.
Patel stated,
“We will get our rights, and we will even go to the Supreme Court if necessary,”
The mosque, situated on an elevated area known as Sotha Mohalla, is considered the highest structure in Budaun and is regarded as the third oldest existing mosque and the seventh largest in India, with a capacity for 23,500 worshippers.
The Budaun Mosque Row revolves around the Jama Masjid Shamsi, a historic mosque located in Budaun, Uttar Pradesh. Constructed in 1223 CE by Shamsuddin Iltutmish, the ruler of the Delhi Sultanate, this mosque showcases a blend of Persian and Afghan architectural styles. It is one of the oldest and largest mosques in India, accommodating up to 23,500 worshippers.
In recent years, the mosque has attracted controversy. In 2022, the All India Hindu Mahasabha filed a petition claiming that the mosque was built on the ruins of a pre-existing Neelkanth Mahadev temple, which allegedly occupied the same site. The petition also contends that the area originally featured a fort belonging to a Hindu king before being converted into a mosque by Iltutmish.
The legal proceedings involve multiple stakeholders, including the Jama Masjid Intezamia Committee, the Uttar Pradesh Sunni Waqf Board, and various government entities. The Masjid Intezamia Committee challenged the validity of the Hindu Mahasabha’s claims, arguing against the petition’s maintainability.
This dispute is part of a wider trend in India, where numerous historical mosques, such as those in Varanasi and Mathura, have faced similar allegations of being constructed over demolished Hindu temples. These issues often lead to extended legal conflicts and increased communal tensions.
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