Legal battle over the 13th-century mosque raises questions on historical claims and social unity
Mohammad Alamullah | Clarion India
NEW DELHI – The controversy surrounding Jama Masjid in Uttar Pradesh’s Budaun, also known as the Shamsi Shahi Masjid, has intensified as a local fast-track court hears a claim by Hindu petitioners that it was constructed atop the ancient Nilkanth Mahadev Temple. The claim has been vehemently rejected by the Muslim community.
Muslim leaders and legal experts have expressed concerns, stating that such disputes are detrimental to communal harmony. “Jama Masjid in Budaun has stood as a symbol of Islamic culture and spirituality for over 840 years. Attempting to rewrite its history is not just an attack on our heritage but an affront to our collective identity,” said Maulana Khalid Rasheed Firangi Mahali, an Islamic scholar and cleric based in Lucknow.
The dispute was initiated in 2022 when Mukesh Patel of the Akhil Bharat Hindu Mahasabha filed a petition claiming that the mosque site originally housed a temple dedicated to Lord Nilkanth Mahadev. Patel asserted, “Our evidence, derived from historical texts and surveys, indicates that the mosque was constructed by demolishing a pre-existing temple. We are not against any community but are seeking the restoration of our sacred site.”
The Shamsi Jama Masjid Intezamia Committee, however, firmly rejects these allegations. Advocate Anwar Alam, representing the mosque committee, stated: “This mosque was built by Shamsuddin Iltutmish in the 13th century and has been a place of worship for Muslims ever since. The claims of a temple being destroyed are baseless.” Alam emphasised that the petition violates the Places of Worship Act, 1991, which guarantees the status quo of all religious sites as they were in 1947.
The Budaun case is part of a growing pattern, with similar disputes arising over the Shahi Jama Masjid in Sambhal and Ajmer’s Dargah Sharif. Violent clashes in Sambhal recently resulted in five deaths and numerous injuries, further escalating communal tensions.
“This pattern is alarming,” said Prof Anwarul Haq, a sociologist from Aligarh Muslim University. “It reflects a dangerous trend of communal polarisation, where historical and archaeological claims are weaponised for political purposes. These actions distract from pressing issues like education, employment, and development.”
Muslim communities across Uttar Pradesh have voiced concerns over what they perceive as targeted attempts to delegitimise Islamic heritage. “Why are our places of worship being questioned?” asked Razia Sultan, a schoolteacher from Budaun. “We have lived peacefully with our Hindu brothers and sisters for generations. These claims are attempts to create divisions where none existed.”
Leaders from both communities have urged restraint. “As a Hindu, I feel such disputes do a disservice to our faith,” said Ramesh Chandra Sharma, a retired teacher. “Our religion teaches us tolerance and respect for all faiths. Let the law take its course without stoking unnecessary passions.”
Muslim clerics echoed these sentiments. “We urge our community members to remain calm and trust the judiciary,” said Maulana Abdul Malik from Budaun. “At the same time, we appeal to our Hindu brothers to reject those who seek to divide us for political gain.”
Senior Advocate Asghar Khan highlighted the significance of the Places of Worship Act, 1991. “This act is a cornerstone of India’s secular framework. Violating it undermines the spirit of our Constitution,” he said. However, Hindu plaintiffs argue that historical truth must come to light. “The existence of a temple beneath the mosque is a matter of historical fact. The court must allow us to prove this,” said Vivek Render, the lawyer for the petitioners.
Both communities await a judicial resolution. While the courts deliberate, the larger question remains: how to uphold justice while preserving India’s pluralistic ethos.
This unfolding dispute underscores the need for dialogue and unity to ensure that the social fabric of this diverse nation remains intact.
