Budaun (UP), Nov 30 (PTI) The Masjid Intezamia Committee of the Shamsi Shahi mosque on Saturday argued in a fast track court in Uttar Pradesh's Budaun over the non-maintainability of the petition filed on behalf of Neelkanth Mahadev mandir against the masjid.
The Shamsi Shahi mosque is built on an elevated area called Sotha Mohalla and is considered to be the highest structure in Budaun town.
The mosque is also believed to be the third oldest existing and seventh largest mosque in the country, with a capacity of housing 23,500 people.
After hearing the Masjid Intezamia Committee's advocates, the court posted the matter for hearing on December 3.
The controversial case in Budaun comes close on the heels of the violence in the neighbouring Sambhal district where five people were killed and several people, including police personnel, were injured on November 24 after a local court ordered survey of a mosque which the petitioners claimed was built after destroying an old temple.
Further, on November 27, a court issued notice in a civil suit which claims that a Shiva temple exists in the dargah of sufi saint Moinuddin Chishti in Ajmer.
In the Budaun matter which started in 2022, the then convener of Akhil Bharat Hindu Mahasabha, Mukesh Patel, claimed that a temple of Neelkanth Mahadev stood in place of the Jama Masjid.
Another petitioner, advocate Arvind Parmar, claimed that Neelkanth Mahadev temple exists inside the fort of Raja Mahipal.
The petitioners had filed a plea seeking permission to worship there.
The report of the Department of Archaeology has been presented in the court. Arguments on behalf of the government have been completed in the case.
The defendants, advocates Anwar Alam and Asrar Ahmed, representing the Masjid Intezamia Committee of Shamsi Shahi Mosque and Waqf Board respectively, completed the arguments on Saturday. They argued the case falls under Order VII Rule 11 of CPC which provides for rejection of plaint. Clause (d) of the provision specifies "where the suit appears from the statement in the plaint to be barred by any law".
Anwar Alam said after hearing the mosque side, Civil Judge (Senior Division) Amit Kumar Singh has fixed the date of December 3 for the next hearing.
Shamsi Shahi Masjid Intezamia Committee's advocate Asrar Ahmed said the mosque is about 850 years old and there is no temple there.
He said the Hindu Mahasabha has no right to file a petition in this matter. There is no justification for allowing worship in the mosque, he said.
Appearing in the court with evidence, petitioner's advocate Vivek Render said he has argued for permission to worship in the temple and claimed that he has presented "solid evidence" in the court.
Render said they will also reply to the Muslim side's arguments about non-maintainability of the case.
"After their arguments are over, we will also answer that," Render said, and added he believes that they will get justice from the courts. PTI COR NAV KSS KSS