Gareeb Nawaz Mosque Demolition: Contempt Plea Moved In Allahabad HC Against Local Authorities

Background

• A contempt petition has been moved by Mr. Saleem Farooq Sayyad through Advocate Mohd. Kumail Haider in the Allahabad High Court against the Sub-Divisional Magistrate of Ram SanehiGhat, Barabanki, Uttar Pradesh along with other local authorities concerning the demolition of Gareeb Nawaz Mosque demolition.
• The Mosque was demolished in May because it was an illegal structure.
• The Contempt plea, in this case, states that the local authorities failed to comply with the High Court’s order staying all the demolitions across UP till May 31st in light of the pandemic.
• The contempt plea stated that the demolition of the Mosque was not well thought, hasty, and legally misinterpreted. It severed through the principle of natural justice and went against the fundamental rights of the Muslims.

Petitioners’ Prayers

• The Petitioners prayed that legal action should be taken against the SDM, Circle Officer, and Inspector of Ram Sanehi Ghat for wilful disobedience and failure to comply with the High Court’s Order.
• They prayed that the Respondents be summoned to explain their position with noncompliance of the High Court’s directions.
• Most importantly, they prayed that a judicial inquiry should be set up in regards to this particular matter.
• The Petitioners also prayed that the area should be recognized as a mosque area, allowing the Muslims to worship there. The Mosque should be restored at the expense of the responsible authorities until the legal correctness of the evidentiary documents is proven otherwise.

Related Matter Before The Court

• The Gareeb Nawaz Masjid’s committee members were arrested for allegedly forging the Masjid’s documents to get the Masjid registered as Waqf property. The Allahabad High Court in May stayed the arrest of these committee members.
• The Petitioners moved to the High Court for relief.
• The Hon’ble Bench of Justices Attau Rahman Masoodi and Justice Ajai Kumar Srivastava held that until a police report u/s 173(2) of the Code of Criminal procedure is filed, the petitioners should not be subjected to any coercive measures.
• It was argued on behalf of the petitioners that the contents of the FIR were false and unfounded. It was also submitted by the petitioners that the rights were protected under the judicial order passed by the Court.
• The High Court had passed an order staying the demolition of any structures during the pandemic and yet the mosque was demolished. The matter has been widely covered by the media

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