'Prima Facie Raises Important Questions': Allahabad High Court Issues Notice On Pleas Against Demolition Of Gareeb Nawaz Mosque In UP

The Allahabad High Court has issued notice on a writ petition filed by the Uttar Pradesh Sunni Central Waqf Board, challenging the demolition of the Gareeb Nawaz Mosque in Uttar Pradesh's Barbanki District (Ram Sanehi Ghat area).

A Bench of Justices Saurabh Lavania and Rajan Roy observed that the petitions prima facie raise important questions as to the existence of a Mosque on public utility land.

It said that the petition also raises questions with regard to exercise of power by State authorities under Section 133 Cr.P.C. and other related provisions, its scope, especially the allegations of malafide exercise of power and the manner in which it has been done.

All the opposite parties have been directed to file their counter affidavit in the matter, positively within 3 weeks. The case is fixed for hearing on July 23.

During the hearing, the Bench asked Senior Advocate JN Mathur, appearing for the petitioners, as to what was the nature or category of land on which the Mosque, as alleged, existed; who was its owner?

In this regard, the Bench was informed of certain consolidation records of 1960's wherein said land is mentioned as 'Abadi' though Masjid is also mentioned therein.

On being further asked as to how the Mosque was constructed on Abadi land, it was submitted that the Mosque had been constructed 100 years ago.

However, the Bench noted that the counsel has been unable, as of now, to show any documentary proof in this regard to justify the same, whether of the period prior to the date of vesting as per the UPZALR Act, 1950 such as Revenue Records of 1356 F or thereafter (Revenue Records of 1359 F, Basic year khatauni of Consolidation) or for that matter any other document.

The petition by the Uttar Pradesh Central Sunni Waqf Board against the recent demolition of the Gareeb Nawaz Mosque has been filed through Advocate Syed Aftab Ahmed and All India Muslim Personal Law Board (AIMPLB) has moved the High Court through Advocate Saud Rais.

It may be noted that the Masjid was demolished earlier this month by the district administration in Barabanki, claiming it to be an "illegal structure", therefore, the petitioners have sought directions to reconstruct and restore the Mosque.

It has been submitted by the Petitioners that the Mosque demolition proceedings by the local authorities under Section 133(1) of the Code of Criminal Procedure (CrPC) had been done in a blatantly depraved and malicious manner out of complete animosity and ill will in an extremely hurried manner.

The pleas also state that the demolition was in flagrant violation of the order passed by the High Court wherein the State Government, Municipal Authorities and other Local Bodies and agencies and instrumentalities of the State Government were directed to be slow in taking action of demolition and eviction of persons till May 31, 2021.

The petitions aver that the Uttar Pradesh Government is trying to converting the nature of the site of the demolished Masjid by erecting some new structure thereon and in case the Petitioners are not heard urgently, they will suffer an irreparable loss and injury.

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