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Background Facts

The administration demolished the mosque on May 17, notwithstanding an injunction from the Allahabad high court, according to the plaintiffs, that demolitions be postponed during the second wave of the pandemic until May 31.

The mosque was registered with the Uttar Pradesh Sunni Waqf Board. Its electrical costs have been paid for at least 60 years, proving how ancient it is. The municipal government, on the other hand, issued a notice in March declaring the mosque to be "unofficial."

There had been protests in the vicinity prior to the demolition, and as a result, 180 people were arrested on serious charges, including attempted murder. When the first storey broke in late May, there were as many as 30 of them in jail, all of whom were Muslims.

The demolition drive was almost unchallenged as a result of the cases and arrests. “They didn't even dare to approach the mosque when it was being demolished because they were afraid of the police,” said Maulana Abdul Mustafa, a member of the mosque committee.

The officials in Barabanki, on the other hand, disputed that the mosque had been demolished. “No mosque has been demolished,” said district magistrate Adarsh Singh. It's simply not true.

High Court’s Observation and Order

The petitions raise serious questions about the existence of a mosque on "public utility land," according to a panel of Justices Saurabh Lavania and Rajan Roy.

The petitioners' attorney, senior advocate J.N. Mathur, allegedly informed the court that the land was listed as "abadi" in the 1960s consolidation documents, indicating that it was to be used for residential purposes.

The court further stated that the "petition raises problems with regard to state authorities' exercise of power" under Section 133 of the Code of Criminal Procedure (conditional order for nuisance removal) and other related provisions.

The court further stated that the petition involves charges of malafide exercise of power and the manner in which authorities exercised their power.

The Allahabad High Court has issued a notice in the case of the Gareeb Nawaz Al Maroof Mosque being demolished in Barabanki, Uttar Pradesh.

In the matter, the parties were given three weeks to file counter affidavits.

What is your view on the Allahabad HC notice issued inthe case of the Gareeb Nawaz Al Maroof Mosque being demolished in Barabanki, Uttar Pradesh? Tell us in the comments below.

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