Gujarat High Court on Monday suspended an order issued by state Waqf Tribunal directing trust in Banaskantha district to obtain the opinion of Islamic scholars to decide whether a mosque can be used as a place of worship, if constructed on a graveyard.
The tribunal judgment which was considered as a fractured judgment has allowed the construction of a mosque by removing some graves and allegedly damaging Dargah. Justice Biren Vaishnav has permitted both the aggrieved parties to perform the religious observances at the masjid and dargah and also asked to maintain the status quo at the graveyard till January 28.
The dispute was related to the administration of a graveyard at Badarpur village near Palanpur. A group of trustees made a mosque in the graveyard. The trust was given permission to construct the mosque only on the condition that it has to obtain the permission from the local authorities.
Right after the construction of the mosque, members of the Barelvi group moved the tribunal while complaining against the construction by damaging shrines and graves.
The Tribunal had stayed Namaz offering in the mosque till the pendency of the case while Gujarat High Court removed the restrictions later and permitted the Namaz offering.
On December 24 last year, the tribunal passed the verdict where two members opined that constructing a mosque on a graveyard was not proper. The tribunal asked the trustees to take the opinion of Muftis and Aalims, Islamic scholars over the issue related to the use of mosque.
It was also reported that the tribunal found irregularities in the construction process and thereafter ordered to register FIR against the trustees. The tribunal had also decided to appoint new trustees with the consent of villagers.
