Bombay HC stays till Aug 1 Jalgaon collector’s order barring entry to mosque

The administration issued the impugned interim order on July 11, citing claims and counterclaims over the existence of the mosque, following which the high court issued notice to the respondents.

Hindu outfit Pandavwada Sangharsh Samiti (PSS) claimed that the concerned structure resembles a temple and accused the local Muslim community of encroaching it. The Trust panel maintaining the mosque claimed that it has records to show the existence of the structure at least since 1861.

The single-judge bench of Justice RM Joshi did not accept an objection by respondent authority that the Jumma Masjid Trust Committee could appeal against collector order before an appellate authority and therefore the court should not entertain the petition. The High Court said the petition is maintainable and will be heard after two weeks.

The bench was hearing a plea by the Trust through its president Altaf Khan, seeking to quash and set aside the July 11 order of the collector. Pending hearing of the plea, the petitioner sought a stay on execution and implementation of the same.

On July 13, a division bench of Justices RG Avachat and SA Deshmukh noted that since the order was passed by quasi-judicial authority of District Magistrate under Criminal Procedure Code (CrPC), the matter may be heard by a single-judge bench.

On Tuesday, the single-judge bench was told by advocate SS Kazi for the petitioner Trust that the mosque had been in existence for decades and the state government had declared the structure as a historical monument.

Although Hindu groups have been staking claim to the structure since the 1980s, saying that it is associated with the Pandavas who spent years in exile in the area, the latest situation arose from an application or complaint submitted by the Pandavwada Sangharsh Samiti to the District Collector on May 18.

The petitioner claimed that the Collector had issued notice to the Trust pursuant to complaint made by the PSS, directing the trustees to remain present on June 27 for hearing before him.

The plea claimed the trustees appeared before the Collector’s office, however, the hearing did not take place as he was busy. On a later date, the Trust sought time to go through the complaint and file response. The Collector, without giving an opportunity to the petitioner on July 11, passed a restraining order under sections 144 and 145 of CrPC and the same was “arbitrary, illegal and passed in haste”, the plea said.

Public prosecutor (PP) DR Kale, representing the authorities, opposed the plea and argued that the Collector’s order was not a final one, but an interim order and detailed hearing was to take place prior to passing the final order.

The High court stayed implementation and execution of the impugned order. Justice Joshi observed, “Prima facie perusal of the order impugned shows that there is no finding recorded about the Authority being satisfied that there is likelihood of breach of peace on account of alleged dispute… Section 144 of CrPC no doubt provides the powers to the District Magistrate even to take suo motu action, however, existence of likelihood of causing disturbance of public peace or tranquility is sine qua non to assume such power.”

“In prima facie opinion of this court, for want of such findings being recorded makes impugned order vulnerable and not sustainable in law. Having regard to these facts and circumstances, it is fit case to stay the impugned order,” the court added.

On Tuesday, the Jalgaon district collector Aman Mittal held a third hearing with the parties involved, to resolve the dispute. “As per the HC order, From July 19, Section 144 of CrPC has been removed from the area. Since there is no stay on the conducting proceedings related to eviction, we will carry out our proceedings. We have scheduled our next hearing on July 27 when the final order will be passed. We will study the HC order in detail and take an appropriate decision,” Mittal told The Indian Express.