The Supreme Court has halted the demolition of a mosque in Uttar Pradesh due to claims of breaking its 2024 guidelines.
The Supreme Court has instructed the Uttar Pradesh authorities to explain why they should not face contempt charges for demolishing part of a mosque in Kushinagar, allegedly ignoring the Court’s orders. Justices B R Gavai and Augustine George Masih also ordered that no further demolition of the structure should occur until further notice. This decision came during a hearing of a contempt petition against the Kushinagar authorities for their supposed willful disobedience of a Court directive from November 13, 2024. In that ruling, the Court established nationwide guidelines prohibiting property demolitions without a prior notice and a 15-day response period for those affected.
A new petition, submitted by Advocate Abdul Qadir Abbasi, claims that the authorities destroyed the outer and front sections of the Madni mosque on February 9. Senior advocate Huzefa Ahmadi, representing the petitioners, stated that the mosque was built on private land owned by them and had received approval from municipal authorities based on a 1999 sanction order. Ahmadi contended that the demolition was done in “serious contempt” of the Supreme Court’s previous ruling. The bench ordered to issue a notice regarding the potential contempt proceedings and scheduled the next hearing for two weeks later.
The Court has ordered that no demolition of the structure should take place until further notice. The bench informed Ahmadi that the Supreme Court is directing the petitioners who claim contempt regarding demolitions to take their issues to the appropriate High Courts. Referring to the Supreme Court’s previous ruling, the senior advocate pointed out, “Look at how they have demolished this (structure).” The petition claims that the demolition occurred without following legal procedures and violated the Supreme Court’s guidelines. It argues that the authorities did not give the petitioners a chance to be heard before the demolition began.
The petition states, “Proceeding without giving a hearing violates the basic principles of natural justice, which the authorities were expected to follow as per this court’s directions.” It also mentions that the administration acted hastily, showing a lack of respect for the religious feelings of the local Muslim community, who depend on this structure for their religious activities. The petitioners assert that they purchased the land for the mosque through registered sale deeds on June 29, 1988, March 28, 1989, June 30, 1989, and February 23, 2013. Additionally, the construction map for the mosque was approved by the Hata nagar panchayat in September 1999.
A local politician filed a complaint in December last year about land encroachment. The SDM of Hata inspected the site and reported that the petitioners had not encroached on the land. The plea requested that authorities keep the mosque’s status unchanged and provide restoration or compensation for the damage caused by the demolition. In its November 2024 ruling, the Apex Court issued several directives, stating that these would not apply to unauthorized structures in public areas like roads, streets, footpaths, or near railway lines and water bodies, unless there was a court order for demolition. The Court emphasized that no demolition should happen without a prior notice, which should follow local municipal laws or be given within 15 days of notice, whichever is longer.
