Badaun temple-mosque case: Next hearing fixed for July 5 as debate on maintainability continues
MEERUT A court in Badaun on Wednesday set July 5 to hear the Neelkanth Mahadev Temple-Shamsi Jama Masjid case. The matter, which earlier fell under the jurisdiction of the fast-track court, was transferred to the court of Suman Tiwari, civil judge (senior division) here and hearing was held during the day.
The petition was originally filed by Mukesh Patel on behalf of Akhil Bharat Hindu Mahasabha, alleging that the Shamsi Jama Masjid in the city was constructed over the remnants of a fort that belonged to King Mahipal, and that within its premises stood the Neelkanth Mahadev Temple. Contradicting this claim, the Jama Masjid Management Committee argued that no such temple ever existed at the site.
In recent weeks, the case gained momentum, with the courtroom shifting its focus to the core procedural question: Is this case admissible in court, or not? The upcoming hearing on July 5 is expected to address this legal question in depth.
On the previous hearing date, Judge Pushpendra Chaudhary, who had recently taken charge of the fast-track court, had heard preliminary arguments from both sides. However, he deferred further proceedings to allow himself time to examine the case files thoroughly.
According to Ved Prakash Sahu, counsel for the Hindu side, the judge will soon determine whether to reopen arguments or proceed from where the previous arguments had left off.
The case has seen several procedural delays. Notably, advocates representing the Jama Masjid Committee failed to appear on multiple scheduled dates. Earlier, judge Amit Kumar, then presiding over the FTC, had given the Muslim side a final opportunity and set a hearing for February 11, which was disrupted by a lawyers' strike.
The case was later adjourned to March 10, but due to judge Amit Kumar being on leave, it was again deferred to March 20. On that day, Anwar Alam, lawyer for the Jama Masjid Committee, submitted a petition citing a Supreme Court directive that lower courts cannot adjudicate on such matters. This led the additional civil judge (senior division) to assign a new date, April 2.
However, further delays ensued when judge Amit Kumar was transferred to Bhadohi district, and it took time for a new judge to assume charge. As a result, another hearing was held on April 21, bringing the case to its current stage.
With the legal focus now shifting to the question of jurisdiction and maintainability, all eyes are on the July 5 hearing, which may determine whether the case proceeds to trial or is dismissed at the threshold.
As per the petition, in the year 1175, Muslim ruler Shamsuddin Altamash (Iltutmish) converted the temple into the Jama Masjid. The Hindu side submitted a gazetteer written during the British era and a 144-year-old ASI report to the court. On the other hand, the Muslim side claimed that they presented a consolidation document in court, which records the ownership of this land in the name of Jama Masjid.
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