In a significant judicial intervention, the Himachal Pradesh High Court on Monday mandated the Municipal Commissioner of Shimla to resolve a longstanding dispute regarding the alleged illegal construction of the Sanjauli Mosque within eight weeks. This directive follows the initiation of demolition of three unauthorized storeys of the mosque, which began earlier the same day.
The demolition, which was authorized by the Waqf Board, aligns with an October 5 directive from the MC Court. Despite this action, the broader legal proceedings concerning the mosque’s legality continue to unfold.
Justice Sandeep Sharma, presiding over a writ petition filed by Sanjauli residents, instructed the Municipal Corporation to expedite the decision-making process. Advocate Jagatpal Thakur, representing the petitioners, emphasized the lengthy delay in judicial proceedings, pointing out that the case has been pending for 15 years despite legal mandates for a six-month closure under section 254 (6) of the MC Act, 1994.
The ongoing case, which first arose in 2010, reached its 46th hearing this October. The MC Court had previously ordered the Sanjauli Mosque Committee and the Waqf Board to dismantle the top three floors of the mosque at their expense within two months. According to Muhammad Latif, president of the mosque’s managing committee, the demolition commenced under strict police supervision, starting with the roof removal.
However, the demolition has not gone unchallenged. The All Himachal Muslims Organisation (AHMO) has expressed intentions to appeal the MC Court’s decision and potentially escalate the matter to the Supreme Court. AHMO spokesperson Nazakat Ali Hashmi argued that those who agreed to the demolition lacked the authority to do so and claimed that the court’s orders were not based on factual correctness.
