Mumbai: In an important development, the Bombay High Court on Wednesday stayed for two weeks the order of the District Magistrate Jalgaon barring Muslims from offering prayers at a mosque in Erandol Taluka of the district, sources said. It is learnt that Justice RM Joshi of the Aurangabad bench of the high court also allowed the worshippers to continue the prayers until the next hearing.
The next hearing of the case is fixed on August 1, 2023. Criticising the DM's prohibitory order, the bench of Justice Joshi said that that prima facie, the DM passed the order “without being satisfied that there is likelihood of breach of peace”. The HC directed that the mosque keys be handed over to Jumma Masjid Trust Committee, which maintains the mosque.
“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 Cr.P.C no doubt provides the powers to the District Magistrate even to take suo moto action, however, existence of likelihood of causing of 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”, the bench observed.
It can be recalled that the Jalgaon DM had passed prohibitory orders on July 11 barring worshippers from offering prayers. The orders came after the Pandav Wada Sangharsh Samiti, a Hindu group claimed that the mosque “looks like a temple” taken over by the Muslims. The mosque committee has come up with documents claiming ownership of the mosque since 1861.
