A writ petition has been filed before the Allahabad High Court on Wednesday challenging orders for the demolition of a mosque located on the Saharanpur Collectorate premises.
The petition was filed by Advocate Mohammed Tanveer Ahmad under Article 227 of the constitution. The petition challenged the Saharanpur City Magistrate’s demolition order.
The petition has named the Uttar Pradesh government, through the Saharanpur district magistrate, and Abdul Hamid, the mosque’s manager and maulvi, as respondents. It claims that the orders issued by both authorities were beyond their legal powers and against the law.
An eviction and demolition order was issued by the city magistrate acting under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972, on July 16. The demolition and eviction order was for a 315-square-meter mosque situated on the Collectorate premises.
Furthermore, it imposes a fine of Rs. 6.41 crore on the mosque management for unlawful occupation and use of the premises, the Hindustan Times reported.
Following this, the mosque management filed an appeal against the magistrate’s order before the district court, which was dismissed by the district judge on September 2. Later, the authorities demolished the mosque on September 5.
Saharanpur Collectorate, SDM Sadar Subodh Kumar said, talking to ANI, ” This action was carried out by us in compliance with the court order. In the same sequence, a well has been discovered here. Subsequently, the concerned agencies will investigate and inform how large this well is. Only after the technical teams’ investigation will all things become clear… This is well made of bricks, and the structure is made from the same… At first glance, it appears to be a well…”
Saharanpur SDM Sadar Subodh Kumar said, talking to ANI, “A building had been illegally constructed on government land within the Collectorate complex. Eviction proceedings were initiated against it under the PP Act. The mosque side had appealed against this before the District Judge; however, that appeal was dismissed, and the City Magistrate’s original order was upheld and deemed valid. Consequently, we have carried out the eviction process. The legal proceedings for the recovery of the fine are underway…
The All India Muslim Personal Law Board (AIMPLB) condemned the move and described it as a grave violation of the rule of law and religious freedom.
“An eviction order cannot by itself justify the immediate demolition of a religious structure,” he asserted. “If the mosque management still had the legal right to approach a higher court, demolishing the structure without allowing it an effective opportunity to pursue legal remedies was contrary to the principles of justice and natural justice,” AIMPLB spokesperson Dr. Syed Qasim Rasool Ilyas said.
