Breaking: "Demolition Of Gareeb Nawaz Mosque Prima Facie In Violation Of HC's Directions": Allahabad High Court Issues Show Cause Notice For Contempt To SHO

The Allahabad High Court has issued show cause notice to SHO, Ram Sanehi Ghat to explain as to why contempt proceedings should not be initiated against him for passing the order for demolishing of Gareeb Nawaz Masjid in violation of the High Court's directions that any order of eviction or demolition shall remain in abeyance till 31st May in wake of the covid 19 pandemic.

A single judge bench comprising of Justice Ravi Nath Tilhari observed thus:

"From the averments made in the contempt petition as also the submissions advanced, prima facie, it appears that the demolition of the mosque in question on 17.05.2021 by the respondent No. 2-Station House Officer, Ram Snehi Ghat, Tehsil and District Barabanki, as stated, is in violation of the directions No. 4 and 5 of the order dated 22.04.2021 passed in P.I.L. No. 564 of 2020."

The controversy relates to the demolition of Gareeb Nawaz Mosque that happened on 17th May in Barabanki District of Uttar Pradesh by the district administration claiming it to be an "illegal structure".

Senior Advocate Kapil Sibbal appearing for the petitioner applicants submitted before the Court that there has been a 'willful disobedience' of the directions passed by the High Court in the case of In Re Vs. State of U.P. wherein the Court had passed slew of directions with regards to the extension of interim orders, bail orders and other eviction or demolition orders passed by the Court in wake of the surge in covid 19 cases.

As per direction 4 of the said order, it was stated thus:

"That any orders of eviction, dispossession or demolition, already passed by the High Court, District Court or Civil Court, if not executed till the date of passing of this order shall remain in abeyance for the period till 31.05.2021."

As per the petitioner, it was submitted that as per the said direction, the district administration had demolished the mosque on 17th May in execution of the order dated 3rd April of the SDM, Ram Sanehi Ghat executed by the SHO which is in grave violation of the directions.

Considering the affidavits filed by the SDM and SHO in the matter, the High Court observed thus:

"Paragraph-4 of the affidavit filed in support of the contempt petition, prima facie appears not to be correct with respect to the respondent No. 1 in as much as the date of the order passed by the Sub Divisional Magistrate, Ram Snehi Ghat, Tehsil Barabanki is 03.04.2021, whereas in the P.I.L. No. 564 of 2020 the order in which the directions were issued is dated 24.04.2021."

"There is nothing on record of the contempt petition to show that the Sub Divisional Magistrate, Ram Snehi Ghat, Tehsil Barabanki, passed any order for demolition or advising dispossession and evictions during the pendency of the order dated 24.04.2021 passed by this Court in the P.I.L. As such from the averments of the contempt petition, prima face, no case for issuance of notice is made out against the respondent No. 1."

In view of this, the Court directed thus:

"Accordingly, issue notices to respondent no. 2 to file response and to show cause as to why the proceedings for contempt be not initiated against him. Appearance is through counsel."

The matter will now be considered on July 22.

Recently, a division bench comprising of Justices Saurabh Lavania and Rajan Roy issued notice on a writ petition filed by the Uttar Pradesh Sunni Central Waqf Board, challenging the demolition of the Gareeb Nawaz Mosque after observing that the petitions prima facie raise important questions as to the existence of a Mosque on public utility land.

The Court 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.

It was 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 plea stated 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.

Title: Wasif Hasan & Anr v. Divyanshu Patel S.D.M. Barabanki & Anr.

Click Here To Read Order