Bombay HC grants interim stay for two weeks on Jalgaon collector's order restricting entry to mosque

Bombay High Court granted an interim stay for two weeks on the Jalgaon district collector's order restraining people from praying at a mosque on a complaint by an outfit which claimed the structure has the appearance of a temple.

A single bench of Justice R M Joshi of the Aurangabad bench of the HC issued notice to the respondents in the plea and posted the matter for further hearing after two weeks. Until then the impugned order (passed by the district collector) is stayed, the bench said while hearing the petition filed by Jumma Masjid Trust Committee.

An outfit, Pandavwada Sangharsh Samiti, had claimed the concerned structure resembles a temple and it was being encroached upon by Muslims. However, the trust panel which maintains the mosque claimed to possess records to show the existence of the structure at least since 1861.

The trust panel filed a petition in the high court through its president Altaf Khan challenging the collector's order passed on July 11, 2023. The trust claimed the collector's order ordered directing them to hand over keys of the mosque to the Erandol municipal council's chief officer was arbitrary and illegal.

The order was passed under sections 144 and 145 of the Code of Criminal Procedure, as per which the status quo shall be maintained pending a final decision on the dispute of the land. In May this year, the Pandavwada Sangharsh Samiti in order to create disturbance in Jalgaon's Erandol taluka, submitted an application to the district collector claiming the ancient monument is having the appearance of a mandir and therefore the occupation of the Muslim community must be vacated, the plea said.

The Samiti had demanded that the illegal construction made by the petitioner trust be removed and a madrasa (Islamic seminary) run by trustees be not allowed. Pursuant to the complaint, the collector issued a notice to the petitioner trust on June 14, directing the trustees to remain present on June 27 for a hearing.