SC seeks UP authorities' response on why contempt proceedings shouldn't be initiated over mosque demolition

Public Lokpal
February 17, 2025

New Delhi: The Supreme Court on Monday directed Uttar Pradesh authorities to respond as to why contempt proceedings should not be initiated against them for razing a portion of a mosque at Kushinagar in alleged disobedience of the apex court's direction.

A bench of Justices B R Gavai and Augustine George Masih also directed that until further orders, there shall be no demolition of the structure in question.

The bench passed the order while hearing a contempt plea against the authorities concerned in Kushinagar for their alleged wilful disobedience and failure to comply with the top court's November 13 last year directions.

In its November 13, 2024 verdict, the top court laid down pan-India guidelines and barred demolition of properties without a prior show cause notice and 15 days' time to the aggrieved party to respond.

The fresh petition, filed through advocate Abdul Qadir Abbasi, said the authorities had demolished the outer and front area of the Madni mosque in Kushinagar on February 9.

Senior advocate Huzefa Ahmadi, appearing for the petitioners, said the structure in question was constructed on a private land owned by the petitioners.

He said the construction was with due sanction of municipal authorities according to a sanction order of 1999.

Ahmadi argued that the demolition was carried out in "egregious contempt" of the directions issued by the apex court in its November last year judgement.

"Issue notice as to why proceedings for contempt should not be initiated against the respondents," the bench said and posted the matter for hearing after two weeks.

"It is further directed that until further orders, there shall be no demolition of the structure," the top court said.

At the outset, the bench told Ahmadi that the apex court was asking the petitioners alleging contempt in demolition matters to approach the jurisdictional high courts with their grievances.

While referring to the directions issued by the top court in its last year verdict, the senior advocate said, "Please see the manner in which they have demolished this (structure)." The plea alleged that the demolition was carried out without following the due legal process and in clear contravention of the guidelines issued by the top court.

It claimed the authorities failed to provide the mandatory opportunity of a hearing to the petitioners before proceeding with the demolition.

"This act of proceeding without affording opportunity of hearing is a violation of the fundamental principles of natural justice, which were explicitly expected to be followed by the authorities, as outlined in the directions issued by this court," the plea said.

"The administration, by taking such an action in haste, has shown complete disregard for the religious sentiments of the local Muslim community, who rely on this structure for their religious practices," it said.

The plea said the land on which the mosque was build upon was purchased by the petitioners through registered sale deeds dated June 29, 1988, March 28, 1989, June 30, 1989 and February 23, 2013. It said the map for construction of mosque was sanctioned in September 1999 by the nagar panchayat, Hata.

The plea alleged that a local politician had lodged a complaint in December last year claiming encroachment of the land in question.

It said the SDM of Hata had carried out an inspection and filed a detailed report which said there was no encroachment by the petitioners.

The plea sought direction to the authorities to maintain status quo at the mosque.

It also sought directions for restoration or suitable compensation to rectify the situation caused by the demolition.

Passing a slew of directions, the apex court in its November 2024 verdict made clear that they would not be applicable in case of unauthorised structures in a public spaces such as roads, streets, footpaths, abutting railway lines or a river or water bodies apart from cases where there was a court order for demolition.

"No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days time from the date of service of such notice, whichever is later," said the top court verdict.

The judgement had come on plea seeking guidelines on demolition of properties.

PTI