[Gareeb Nawaz Mosque demolition] Plea raises important questions about existence of Mosque: Allahabad High Court issues notice to State, SDM

The Allahabad High Court (Lucknow bench) has sought the response of the State government and the Sub-Division Magistrate, Barabanki in the case challenging demolition of Gareeb Nawaz Mosque in Uttar Pradesh (U.P. Sunni Central Waqf Board v. State of UP). .The Court also said that the petitions raise important questions as regards existence of mosque on public land. "We are of the opinion that these petitions prima facie raise important questions inter alia as to the existence of a Mosque on public utility land," the Court said. .A Division Bench comprising Justices Rajan Roy and Saurabh Lavania, therefore, issued notice to all the local authorities and the State government. "We issue notice to the opposite parties no. 4 & 6 (Committee management Waqf) in Writ Petition no. 11879 (M/B) of 2021 and opposite party no. 5 (Divyanshu Patel) in Writ Petition no. 11922 (M/B) of 2021. Opposite party no. 4 in Writ Petition no. 11879 (M/B) of 2021 and opposite party no. 5 (Divyanshu Patel) in Writ Petition no. 11922 (M/B) of 2021, in addition to the normal mode of service, shall also be served through the Additional Chief Secretary/Principal Secretary Appointment, Government of U.P, as it is said that he has been transferred elsewhere after the incident," the order said. .The Court was hearing hearing petitions moved by the Sunni Waqf Board and the All India Muslim Personal Law Board (AIMPLB) against the demolition of the mosque in Barabanki, famously known as the Gareeb Nawaz Masjid.Both the petitions were filed assailing the orders passed by the Sub-Divisional Magistrate, Barabanki and action taken pursuant to proceedings under Section 133 of Code of Criminal Procedure by which, the mosque situated in the Tehsil of Ram Sanehi Ghat in Barabanki district for the past 100 years, was demolished on May 17. The mosque was razed after authorities deemed it an illegal structure."It is said that in addition to the mosque there were certain other constructions, all of which have been demolished," the Court recorded in its order. .The counsel for the petitioners raised various questions as to the scope and exercise of power under Section 133 CrPC claiming that it was malafide exercise of power by the then Sub-Divisional Magistrate.It was alleged that he used to reside just across the 'Masjid' and had certain grievances with regard to the 'azaan' being called from the loudspeaker.Senior Advocate JN Mathur, appearing for the petitioner, submitted that while directing demolition, the officer concerned not only dwelt on the question of title of the land over which the mosque existed but also on validity of the registration of the mosque etc. as Waqf under the relevant Waqf Act though he did not have such jurisdiction in proceedings under 133 CrPC. "It is said that the officer even went to the extent of changing the order initially passed by him on 03.04.2021, as, on a bare perusal of the contents thereof wherein there was a reference to the proceedings held on 09.04.2021, it was apparently ante-dated and realizing this error he made changes in the said order and passed another order on 12.04.2021 in an attempt to justify his action whereas in fact the said orders were passed without any opportunity of hearing to the concerned Committee of Management of the mosque," the Court noted in its order. .It was also alleged that not only was the mosque demolished but its bricks, which were proof of the mosque's antiquity, were thrown into the river on the directions of the aforesaid officer. "Moreover the said plots of land have been declared as a park. He further contended that the impugned action was also in defiance of the order dated 24.04.2021 passed by a Division Bench of this Court in PIL no. 504 of 2020, in re: State of UP," Senior Advocate, JN Mathur added .[Gareeb Nawaz Mosque Demolition] Contempt petition filed before Allahabad High Court against local authorities .In this regard, the Court also queried about the "nature or category of the land" on which the mosque was situated."We asked Shri Mathur as to what was the nature or category of land on which the Mosque, as alleged, existed; who was its owner? In this regard Shri Mathur invited our attention to certain consolidation records of 1960's wherein said land is mentioned as 'Abadi' though Masjid is also mentioned therein.".Gareeb Nawaz Mosque was neither an unlawful obstruction nor a nuisance: Sunni Waqf Board and AIMPLB move Allahabad High Court against demolition.The Court proceeded to direct the opposite parties to file their counter affidavit in the matter within 3 weeks. One week has been given to the petitioners for filing rejoinder affidavit. Senior Advocate Jaideep Narain Mathur and Syed Aftab Ahmad argued for the petitioners and HP Srivastava Additional CSC, appeared for the state.The matter will be heard again on July 23. .[Read order]