Why Did the Allahabad HC Deny the Stay on the Sambhal Mosque Demolition?

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Why Did the Allahabad HC Deny the Stay on the Sambhal Mosque Demolition?

Synopsis

In a significant legal development, the Allahabad High Court has dismissed a plea seeking to halt the demolition of a mosque and other structures in Sambhal. This ruling raises critical questions about land ownership and religious rights in India. Dive into the details of this ongoing legal battle that has captured widespread attention.

Key Takeaways

  • Allahabad High Court dismissed the plea to halt the mosque demolition.
  • The case raises issues of land ownership and religious rights.
  • Demolition of the marriage hall occurred on October 2.
  • Security measures included 200 police personnel and drones.
  • The court has directed petitioners to seek relief from a lower court.

Prayagraj, Oct 4 (NationPress) In a setback for the petitioners, the Allahabad High Court on Saturday rejected an urgent plea submitted by the Sambhal mosque committee seeking to halt the demolition of a mosque, a marriage hall, and a hospital, which were allegedly constructed on government land.

The single-judge Bench, led by Justice Dinesh Pathak, reviewed the plea presented by Masjid Sharif Gausul Wara Rawa Buzurg along with its Mutawalli, Minjar.

After considering arguments from both parties, the court dismissed the petition and instructed the mosque committee to file a stay application with the appropriate lower court.

The petitioners contested a September 2 ruling issued under Section 67 of the Uttar Pradesh Revenue Code, 2006.

They asserted that the marriage hall, which had already been demolished on October 2 using four bulldozers, was constructed on pond land. However, they expressed concerns that conducting demolitions on Gandhi Jayanti and Dussehra could lead to potential law-and-order issues.

The administration had previously issued a notice to the mosque, which allegedly has portions erected on government land, granting the committee a four-day window to respond.

Before the deadline lapsed, members of the mosque committee reportedly initiated the demolition of parts of the wall themselves.

On Dussehra, the Sambhal district administration executed a significant demolition initiative against illegal encroachments, dismantling a marriage hall constructed on government property in Rawa Buzurg village.

This operation, conducted on Thursday morning, transformed the area into a heavily secured zone, with nearly 200 police and Provincial Armed Constabulary (PAC) personnel present. Drones were employed to oversee the operation in real-time.

During the previous hearing on Friday, the High Court requested the petitioners to provide land records. The state government, District Magistrate, Superintendent of Police of Sambhal, ADM, Tehsildar, and Gram Sabha were included as parties in the petition.

Advocates Arvind Kumar Tripathi and Shashank Shri Tripathi represented the mosque committee, while Chief Standing Counsel J.N. Maurya and Standing Counsel Ashish Mohan Srivastava represented the government during Saturday's hearing.

Point of View

The Allahabad High Court's decision on the Sambhal mosque demolition reflects ongoing tensions regarding land use and religious rights in India. It emphasizes the need for a balanced approach to legal rulings that consider both community sentiments and statutory regulations. As always, NationPress advocates for fair legal processes and community harmony.
NationPress
04/10/2025

Frequently Asked Questions

What was the reason for the demolition of the mosque?
The demolition was based on claims that the mosque, marriage hall, and hospital were constructed on government land, as per the September 2 order.
What did the petitioners argue in court?
The petitioners argued that the marriage hall was built on pond land and expressed concerns about potential law-and-order disturbances during significant religious observances.
What action did the district administration take on Dussehra?
On Dussehra, the Sambhal district administration launched a demolition drive against illegal encroachments, including the marriage hall constructed on government land.
Who represented the mosque committee in court?
Advocates Arvind Kumar Tripathi and Shashank Shri Tripathi represented the mosque committee during the court proceedings.
What did the High Court ask the petitioners during the last hearing?
The High Court requested the petitioners to submit land records for further review.
Nation Press