The Supreme Court on Monday issued a directive to the Uttar Pradesh authorities asking them to explain why contempt proceedings should not be initiated against them for the demolition of part of a mosque in Kushinagar. This action allegedly contradicts the apex court’s previous orders that prohibit such demolitions without adequate notice and judicial review.
Justices B R Gavai and Augustine George Masih, presiding over the bench, have also issued a temporary order halting any further demolition of the mosque until further notice. The decision came during the hearing of a contempt plea which accuses the Kushinagar authorities of wilfully disregarding the Supreme Court’s directives issued on November 13, 2024.
These directives, laid out in a pan-India judgement last year, explicitly prevent the demolition of any property without a prior show cause notice and a 15-day period for the property owner to respond. Advocate Abdul Qadir Abbasi, representing the petitioners, brought the current situation to the court’s attention, claiming the local administration demolished the outer and front sections of the Madni Mosque on February 9 without adhering to these stipulations.
Senior advocate Huzefa Ahmadi, also representing the petitioners, argued that the mosque was built on privately owned land with all necessary municipal approvals dating back to a 1999 sanction order. Ahmadi emphasized the demolition’s disregard for both legal standards and the religious sentiments of the local Muslim community, who regularly use the mosque for their religious practices.
The plea highlighted that the land for the mosque was legally acquired through multiple registered sale deeds between 1988 and 2013, with the construction map approved by the Nagar Panchayat of Hata in 1999. Despite these approvals, a local politician’s complaint in December alleged encroachment, leading to an inspection by the SDM of Hata. The subsequent report from this inspection confirmed that there was no encroachment by the petitioners.
In light of these events, the plea not only seeks to maintain the status quo at the mosque site but also requests directions for restoration or suitable compensation to address the damage caused by the demolition.
