Jaunpur mosque moves HC against local court order to file suit claiming it was ancient Hindu temple
The Swaraj Vahini Association had filed a suit in a local civil court in May alleging the property was originally the Atala Devi Mandir.
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The managing committee of the Atala mosque in Uttar Pradesh’s Jaunpur has moved the Allahabad High Court challenging a local court’s order directing the registration of a lawsuit by the Swaraj Vahini Association in representative capacity, Live Law reported on Friday. The suit claims that the mosque was originally an ancient Hindu temple.
The mosque committee argued before the High Court that the petitioner is a society registered under the Societies Registration Act, and therefore, not a “juristic person” under law who can engage in legal action of this nature. A juristic person is a legal entity that is treated as a person.
The mosque authorities argued that the property in question has always been a mosque since its construction in 1398 and that it has never been in the possession of followers of any other religion, nor do they have any title over the same.
The original suit filed by the Swaraj Vahini Association in May before the Jaunpur Civil Court sought that the property be declared as a temple and that followers of the Sanatan religion have the right of worship therein. Sanatana Dharma is a term some people use as a synonym for Hinduism.
The association had also sought a direction that would restrain non-Hindus from entering the premises.
It claimed...
