Jaunpur court defers order for survey of Atala mosque till March 2

Jaunpur (UP): A Jaunpur court has postponed the date of passing order for the survey of Atala Masjid here till March 2, 2025 in view of the Supreme Court's instructions to all courts to refrain from passing orders in cases related to religious places under the Places of Worship (Special Provisions) Act, 1991.

In a similar matter, a court in Budaun on Tuesday said it will decide on December 24 whether a hearing will be held in the Jama Masjid Shamsi versus Neelkanth temple case. The dispute started in 2022 when Mukesh Patel, the then convener of Akhil Bharat Hindu Mahasabha, claimed that the Neelkanth Mahadev temple existed at the Jama Masjid Shamsi mosque site and sought permission to worship there.

In the Atala Masjid case, the suit was filed by the Swaraj Vahini Association (SVA) president Santosh Kumar Mishra. It sought the "disputed" property be declared 'Atala Devi Mandir' and followers of the Sanatan religion be allowed the right of worship at the site.

The court of Civil Judge Junior Division Sudha Sharma on Monday postponed the date of passing the order for the survey of Atala Masjid till March 2, District Government Advocate Satish Chandra Pandey said.

Pandey said the case had been brought forth by Mishra, whose advocate had previously argued for deploying adequate security to facilitate the site inspection and preparation of a map by Amin (court-appointed official).

The court had initially set December 16 for hearing on this matter. During the proceedings, the opposition's advocate submitted a copy of the Supreme Court order (Writ C 1246/2020, Ashwini Upadhyay vs. Union of India), dated December 12.

The order clearly instructed that no proceedings related to existing cases should continue until further notice from the Supreme Court.

Furthermore, courts were barred from issuing interim orders, including orders for surveys or other directives in such matters until further hearings.

Based on this submission, the opposition requested the court to consider the Supreme Court's directive and pass an appropriate order. Consequently, the court scheduled March 2, 2025, as the next hearing date. Although new cases can still be filed, they will not be officially registered at this time, he said.

The case, filed by Santosh Kumar Mishra against the Peace Committee of Jama Masjid (Atala Masjid) in Sipah locality, asserts that the site was originally a temple dedicated to Atala Devi, established in the 13th century by King Vijay Chandra.

The petition claims that during Firoz Shah Tughlaq's invasion of Jaunpur, parts of the temple were demolished but due to strong opposition from Hindu devotees, the structure remained partially intact.

The temple's columns were repurposed to give it the shape of a mosque, which became the present-day Atala Masjid where Islamic prayers are now held, while entry of Hindu worshippers was subsequently restricted, it said.

The petition further claims that in 1408, Sharqi ruler Ibrahim Shah completed the process of converting the temple into a full-fledged mosque.

The plaintiff cites historical references, including historian Abul Fazl's Ain-i-Akbari, to argue that the structure originally belonged to Hindus.

The petition also points to existing elements of Hindu architecture, sculptures and traditional symbols still visible on the site's pillars and structures. The plaintiff asserts that Sanatan Dharma followers have the right to perform worship and religious ceremonies at the site.

Several litigations filed in various courts related to temple-mosque disputes have come into the limelight including on Gyanvapi Mosque in Varanasi, Shahi Idgah Mosque in Mathura, Shahi Jama Masjid in Sambhal, Ajmer Dargah of Sufi saint Moinuddin Chishti and Budaun's Jama Masjid Shamsi, where petitioners have claimed that these were built after destroying ancient temples and sought permission to offer Hindu prayers there.

Violence during protests against a court-ordered survey in Uttar Pradesh's Sambhal claimed four lives on November 24.