Local Authorities Failed to Comply with the High Court’s Order of Staying Demolitions’: Contempt Plea against Local Authority on Gareeb Nawaz Mosque Demolition, Filed in Allahabad HC


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On Friday, 4 June’ 2021, on matter of recent demolition of Gareeb Nawab Mosque(Barabanki), a contempt petition has been filed against the Sub-Divisional Magistrate(SDM) of Ram Sanehi Ghat, Barabanki, Uttar Pradesh along with other local authorities by Sayyad Farooq through Advocate Mohd. Kumail Haider.

The contempt plea states that the local authorities failed to comply with the High Court’s order of staying all demolitions across Uttar Pradesh till May 31 in view of the COVID-19 pandemic and razed the Masjids.

It may also be noted that the Masjid was demolished earlier this month by the district administration in Barabanki with the claim of it being an “illegal structure”.

The plea states, “Such authorisation of the demolition of the Respondents appears to be not well-thought, hasty and legally misinterpreted, severing through the concept of natural justice and hurting magnanimously the fundamental rights of the Muslims.”

Plea also states to initiate contempt proceedings against the SDM Ram Sanehi Ghat, Circle Officer, Office Ram Sanehi Ghat, and Inspector, Thana Ram Sanehi Ghat for their disobedience and failure to comply with High Court orders and also setup a judicial inquiry regarding this particular matter.

Plea further prays to recognise the area as the mosque area and the structure to be restored at the expenses of the responsible authorities, unless legal correctness of given documentation proves otherwise. Overall, law enforcers should be encouraged to quash the complaints against locals who have bonded with the mosque, not to register them.

In the matter before the Allahabad HC, petitioners assailed the F.I.R. under Sections 419, 420, 467, 468, 471 I.P.C. submitting that the F.I.R. was lodged against the petitioners doesn’t specifically mention of any public document, which has either been forged or manipulated by the petitioners in any manner.

The FIR was registered against the President of the Committee, Mushtaq Ali, Vice-President Waqeel Ahmad, Secretary Mohammad Aneesh, and Dastageer, Afzaal Mohammad Naseem, along with Uttar Pradesh Sunni Central Waqf Board Inspector Mohammad Taha, and thus, they moved the High Court for relief.

In relation to this news, the Allahabad HC(Lucknow Bench) last week stayed the arrest of Gareeb Nawaz Masjid’s Committee members against whom FIR has been lodged accusing them of forging Mosque’s documents.


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Manish Tiwari

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