SC issues notice to Uttar Pradesh officials in mosque demolition case
The petition alleged that a portion of a mosque in Kushinagar was razed in violation of a November 13 judgement that prohibited such action without notice.
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The Supreme Court on Monday issued notice on a petition seeking contempt of court proceedings against authorities in Uttar Pradesh for demolishing a portion of a mosque in Kushinagar district, Live Law reported.
A bench of Justices BR Gavai and AG Masih was hearing the petition, which alleged that the structure was razed in violation of the top court’s November 13 judgement that had restrained demolitions across the country without prior notice and an opportunity for a hearing.
According to the petitioners, the authorities demolished the outer and front portions of the Madni Masjid in Kushinagar’s Hata on February 9, The Times of India reported.
The authorities did not grant them a prior hearing, the petitioners said, adding that the disputed portion, which was allegedly beyond the sanctioned plan, could have been regularised legally.
In addition to the contempt proceedings against the authorities, the petitioners also sought the status quo at the site to be maintained and the restoration of the demolished structure or compensation for the damage caused.
During the proceedings, Senior Advocate Huzefa Ahmadi, representing the petitioners, said that no notice had been issued so far with regard to the demolished structure. This amounted to an “egregious” contempt of the November 13 judgement, Ahmadi was quoted as saying by The Indian Express.
He also claimed that a sub-divisional magistrate had previously stated in a report that the structure was in accordance with the sanctioned plan. However, he was subsequently transferred, after which, the police and authorities demolished portions of the mosque, Ahmadi added.
An unauthorised portion of the mosque was removed by the petitioners themselves, he told the court.
“It is submitted that in these premises, the demolition which was made is in egregious contempt of the directions issued by this court,” The Indian Express quoted the bench as saying in its order. “Issue notice as to why proceedings for contempt should not be initiated against the respondents.”
The bench also said that the notice was returnable in two weeks. “Until further orders, there shall be no demolition of the structure in question,” it added.
In its November 13 order, the court held that state authorities cannot demolish the properties of citizens merely because they are accused or convicted of crimes. The bench also issued guidelines to curb instances of “bulldozer justice”.
The court was hearing a batch of pleas seeking its intervention against punitive demolitions by state governments.
There are no provisions in Indian law that allow for demolishing property as a punitive measure. Nevertheless, the practice has become commonplace, mainly in states ruled by the Bharatiya Janata Party.