In 2022, when Mukesh Patel, who was then the convenor of Akhil Bharat Hindu Mahasabha, made a religious claim. He said that a temple named Nilkanth Mahadev Temple once existed at the site of the current Jama Masjid Shamsi mosque.
Budaun: A fast-track court in Budaun, Uttar Pradesh, has decided to hear the case between Nilkanth Mahadev Temple and Shamsi Jama Masjid on May 28.
The case is about a religious site dispute, and the hearing was postponed because a new judge has taken over the matter and needs time to go through the case documents.
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Judge Pushpendra Chaudhary, who recently took charge of the fast-track court, announced that he would need to study the case file before proceeding with the matter.
He clearly stated, “he would review the case file before proceeding further.”
The judge also added that “he hadn’t reviewed the case documents and needed time to go through the case file before any argument was made or he took a decision.”
Advocate Ved Prakash Sahu, who represents the temple committee, said that once the judge finishes going through the documents, he will decide whether to restart the arguments or continue from where they were left off.
In his words, “the judge would determine whether to restart the arguments or proceed from where the previous arguments were concluded, once he had examined the file.”
This case has been pending before the civil judge (senior division) for some time. It has already seen multiple adjournments, mostly because of the non-appearance of the lawyer for the Shamsi Jama Masjid’s Intazamiya Committee, even though the court sent them repeated summons.
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However, on March 20, Advocate Anwar Alam, representing the mosque committee, did appear in court. He submitted a petition referring to a Supreme Court order. He argued that subordinate courts are not allowed to hear such matters.
According to his submission, “a Supreme Court directive that subordinate courts couldn’t adjudicate such matters.”
After that, the then presiding officer, Judge Amit Kumar, had fixed April 2 for the next hearing. But he was transferred to Bhadohi, and since no new judge was appointed at that time, the court could not proceed, and the case was postponed to April 21.
This legal case started in 2022, when Mukesh Patel, who was then the convenor of Akhil Bharat Hindu Mahasabha, made a religious claim. He said that a temple named Nilkanth Mahadev Temple once existed at the site of the current Jama Masjid Shamsi mosque. He also asked for permission to worship at the structure. The present litigation is a result of that claim.
In response, the Muslim parties have disputed these claims, emphasizing the mosque’s 850-year history and arguing that no temple existed at that site before the mosque was constructed.
They also cite the Places of Worship (Special Provisions) Act, 1991, which preserves the religious character of places of worship as it was on August 15, 1947, to argue against any change in the site’s status.
