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In a temporary relief to the Jumma Masjid Trust Committee which maintains a mosque in Jalgaon, the High Court bench in Aurangabad in Bombay on Tuesday stayed for two weeks with a decision from the district administration banning people from performing prayers at the Masjid Irandul Taluka.
The court also ordered Amin Mittal, the Jilgaon district collector, to hand over the keys to the fund and said that religious prayers could continue until the next session in two weeks.
The department issued the contested interim order on July 11, citing allegations and counter-allegations regarding the presence of the mosque, after which the Supreme Court issued a notice to the defendants.
The Pandavwada Sangharsh Samiti Hindu group claimed the structure in question resembled a temple and accused the local Muslim community of encroaching on it. The Trust Committee that maintains the mosque has claimed to have records to show the structure has existed at least since 1861.
The Single Judge Panel of Judge RM Joshi did not accept an objection by the Respondent Authority that the Juma Mosque Trust Committee could appeal against the Collector’s Order to an Appellate Authority and therefore the Court should not consider the petition. The Supreme Court said the petition could be maintained and would be heard after two weeks.
The court was hearing an appeal from the trust through its chairman, Altaf Khan, seeking to quash and set aside the July 11 order for the collector. Pending the hearing of the petition, the petitioner requested a stay of execution of the same sentence.
On July 13, the two-judge panel of R.
On Tuesday, Advocate SS Kazi told the petitioner, the mosque has been around for decades and the state government has declared the building a historical monument.
Although Hindu groups have been claiming the structure since the 1980s, saying it is associated with Pandavas who have spent years in exile in the area, the latest stand arose from a request or complaint made by the Pandavwada Sangharsh Samiti to the District Collector on 18 May.
The petitioner claimed that the Collector had issued notice to the Trust pursuant to the complaint by PSS, directing the trustees to remain present on 27 June to be heard before him.
The petition alleged that the trustees appeared before the office of the collector, however, the hearing did not take place because he was busy. At a later date, the fund sought time to follow up on the complaint and provide a response. The petition stated that the collector, without giving the petitioner an opportunity on July 11, issued a restraining order under sections 144 and 145 of the Code of Criminal Procedure, the order itself being “arbitrary, illegal and hastily passed.”
The authorities opposed the petition and said the collector’s order was not final, but that an interim order and a detailed hearing were to be held before a final order could be issued.
On Tuesday, Aman Mittal, the district collector of Jalgaon, held a third hearing with the parties involved, to resolve the dispute. “From July 19, everyone will be allowed to perform their prayers in the mosque. Since there is no suspension in section 145 (procedure where a dispute over land or water is likely to cause a breach of peace) of the Code of Criminal Procedure, we will carry out our procedures. We have fixed a date for the hearing Coming on July 27 when the final order is passed.We will study the HC order in detail and take an appropriate decision,” Mittal told The Indian Express.
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