Malali mosque row: Petition questioning mosque management’s plea dismissed by High Court

Mangalore Today News Network

Mangaluru, July 15, 2022: Karnataka High Court on July 15, Friday dismissed a writ petition filed questioning the Mangaluru Civil Court  hearing a case pertaining to the validity of the original petition  filed  seeking stay on the renovation of the Malali mosque.

 

The High Court which had conducted hearing into the petition filed by Dhananjay and Manoj Kumar of Mangaluru had reserved the judgement on June 24. Today the  High Court bench led by Justice Sachin Shanker dismissed the petition.

Senior advocate Vivek Subbareddy who argued for the petitioners said there is a need to visit the spot to gather evidence as to whether there was a temple inside the mosque or not. This has to be done scientifically. A commissioner need to be appointed for this purpose,’ he said.

Another senior lawyer Jayakumar Patil who argued on behalf of the masjid president said there is no need for a commissioner’s report until it is decided if  the  court which is presently hearing the original case has the  authoritity to do so as the mosque is in a Wakf property.

The case:  After the Sangh Parivar alleged that a temple like structure was found inside the Malali mosque during renovation, Dhananjya nd Manoj Kumar had filed a petition in the civil court which had  stayed the renovation works.

Meanwhile, the masjid management had filed an interim petition stating it was  Wakf property and the petition was  not valid under Public  Places of Worship Act.

Even the original petitioners had filed an interim petition seeking appointment of a Commissioner. But the Civil Court had decided to first hear into the case pertaining to the validity of the original petition. This was questioned by the original petitioners in the High Court and the same has now been quashed.