The apex court today refused to interfere in the 2017 Allahabad High Court order on the removal of a mosque located on its premises. A division bench of Justices MR Shah and CT Ravikumar dismissed special leave petitions filed by Waqf Masjid High Court and the UP Sunni Central Waqf Board. It gave the petitioners three months to remove the mosque from the Allahabad HC premises. If they fail to comply with the orders, authorities can remove or demolish the mosque.
The court allowed the petitioners to make representation to the Uttar Pradesh government for alternate land. It also noted that the mosque was situated on a government lease land and the grant was canceled back in 2002.
What was the original Dispute?
The Petitioner had contended that the mosque, which was a waqf property stood on land, which originally belonged to the High Court. The petition was filed in Allahabad High Court. The division bench in 2017 concluded that unauthorized structures existing over the site in dispute in the premises, won’t be permitted.
In Islamic law, a waqf property is permanently dedicated to Allah (Muslim God), and once a property is dedicated as waqf, it remains as waqf forever signifying that a waqf is perpetual, inalienable, and irrevocable in nature. It literally means ‘detention’ as when a waqf is created, the property is detained.
Allahabad High Court
It has jurisdiction over the entire state of Uttar Pradesh. It was established in the year 1866, making it one of the oldest high courts in India. The Chief Justice of the High Court is Justice Pritinker Diwaker(acting). The principal seat is at Allahabad. It maintains its seat at Lucknow, which is the administrative capital of the state.
The Supreme Court of India is the supreme judicial authority of India and the highest court of the Republic of India under the constitution. It is the highest constitutional court and has the final decision in all legal matters pertaining to common law which excludes legal authority over personal laws. It also has the power of judicial review. The Chief Justice of India is the Head of the Supreme Court, which consists of a maximum of 34 judges, and has extensive powers in the form of original, appellate, and advisory jurisdictions. Justice D.Y Chandrachud is the current CJI.