NEW DELHI: The Supreme Court on Monday issued notice to concerned authorities of the Uttar Pradesh government in a contempt petition against the demolition of a part of the Madni mosque in Kushinagar. The apex court ordered no demolition of the structure until further orders.
The two-judge bench of Justices B R Gavai and Augustine George Masih asked the authorities to respond within a fortnight why contempt of court proceedings should not be initiated against them for their alleged violation.
The bench said, “It is submitted (by the petitioner) that the structure in question was constructed on private land owned by the petitioners. The construction thereon was also with the due sanction of municipal authorities as per sanction order of 1999… It was submitted that the SDM enquired about the matter based on a complaint. The SDM carried out an inspection and also issued a press note on December 22, 2024. As per the inspection, the construction was in accordance with the sanction plan.”
However, the petitioners claimed that authorities demolished a section of the frontal area of the Madni Masjid on February 2.
They contended that the action violated the Supreme Court order of November 13 last year restraining demolitions actions across the country without prior notice and opportunity of hearing.
During the hearing, the apex court also noted that the petitioners had removed a section of the construction found to be non-sanctioned. “It is submitted that in these premises, the demolition which was made is in egregious contempt of the directions issued by this court,” the apex court said.
According to the UP government, a portion of Madni Mosque in Uttar Pradesh’s Kushinagar district, which was allegedly built on “encroached” land, was demolished by bulldozers earlier this month.
It may be recalled that in its November 13 verdict, the Supreme Court had passed a slew of directions and questioned the executive on “bulldozer justice” and held that the state cannot overstep its constitutional remit.
“The Executive cannot become a judge, decide that an accused is guilty and punish him by demolishing his properties as such an act would be transgressing its limits,” the Supreme Court had said.
The apex court also observed it will be “totally unconstitutional” for more than one reason if a citizen’s house is demolished just because he is an accused or a convict, that too without following the due process as prescribed by law.
The apex court also laid specific guidelines to ensure a strict code for bulldozer demolition. It held that in case of violations, the officers concerned would be responsible for restitution of property at personal cost and damages.
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