Gareeb Nawaz Mosque was neither an unlawful obstruction nor a nuisance: Sunni Waqf Board and AIMPLB move Allahabad High Court against demolition

The Sunni Waqf Board and the All India Muslim Personal Law Board (AIMPLB) have filed writ petitions before the Allahabad High Court challenging the demolition of the Gareeb Nawaz Mosque in Uttar Pradesh's Ram Sanehi Ghat..The petitions seek directions to reconstruct and restore the Gareeb Nawaz Mosque, which was demolished by the local authorities on May 17..It has been submitted that the demolition of the said mosque was in contravention of the Allahabad High Court's order staying all demolitions in the State till May 31, in view of the COVID-19 pandemic..Further, it is stated that the institution of demolition proceedings by the local authorities under Section 133(1) of Code of Criminal Procedure (CrPC) was grossly unconstitutional and illegal because of three main reasons:Firstly, since the property was a Masjid, no proceedings could be initiated without issuance of notice to the Waqf Board as mandated under Section 90(1) of the Waqf Act. Secondly, the Sub-Divisional Magistrate (SDM) had a private agenda for removal of the Masjid and therefore could not have presided over the conduct of the proceedings u/s 133(1) of the CrPC. Thirdly, during the course of enquiry, when it was brought to the notice of the SDM that the Masjid is a duly registered Waqf under the provisions of the Waqf Act, 1995, he lost his jurisdiction to continue the proceedings, but deliberately and maliciously ignored the provisions of Section 137(2) of CrPC..Both the petitions have sought for the following relief from the Court: 1. To quash the order passed on April 3, by SDM, Tehsil Ram Sanehi Ghat, Barabanki2. To direct the local authorities to restore the mosque which has been demolished and allow the the committee of management to reconstruct the Mosque over the land in question.3. To direct the discontinuation of the use of the place of Masjid, the waqf land and property as inaugurated as "Swatantrata Sangram Samarak Bal Udhayaan" and direct removal of illegal trespass.3. To direct the State of Uttar Pradesh to pay sum of Rs. 25 lakh to the petitioner for defraying expenses for reconstruction of the said Mosque.4. To direct the State of Uttar Pradesh to take appropriate action against Divyanshu Patel, SDM of Ram Sanehi Ghat, Barabanki..The petition by the Uttar Pradesh Central Sunni Waqf Board has been filed by Advocate Syed Aftab Ahmed and Advocate Saud Rais has petitioned on behalf of the All India Muslim Personal Law Board (AIMPLB).Gareeb Nawaz Mosque Demolition: Allahabad High Court stays arrest of Masjid Committee members charged of forging mosque documents.In its petition, the AIMPLB has contended that the demolition by the local authorities was in gross violation of Article 14 of the Constitution, as it was manifestly arbitrary and in breach of principles of natural justice and rule of law.The demolition also violates Article 15, as there is serious discrimination on the ground of religion, the petition states..It is further states,"Divyanshu Patel, SDM (Ram Sanehi Ghat, UP) had his personal interest in removing the Masjid he described maliciously as a residential house and religious practices conducted in the Masjid as “suspicious activities” and has acted in flagrant violation of rules of natural justice and has passed orders for demolition of the Masjid.".The petition by Sunni Waqf Board was filed through Advocate Syed Aftab Ahmad and will be argued by Senior Advocate JN Mathur. The AIMPLB plea has been filed through Advocate Saud Rais and will be argued by Senior Advocate Yusuf Hatim Muchhala..The Gareeb Nawaz Masjid was razed on May 17 this year after authorities deemed it an illegal structure. The Masjid Committee was in charge of the affairs of the mosque.An FIR was subsequently registered against the President and other members of the Committee, prompting them to approach the High Court for relief..On June 1, the Lucknow Bench of the Allahabad High Court stayed the arrest of the Masjid Committee members against whom an FIR was filed for allegedly forging the documents of the Gareeb Nawaz Mosque..On a similar note, a contempt petition against the SDM of Ram Sanehi Ghat, and other local authorities.