Allahabad HC to hear Gareeb Nawaz Mosque case on June 23
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The Allahabad High Court has issued a notice to hear the petition challenging the demolition of the Gareeb Nawaz Mosque in Ram Sanehi Ghat area in Uttar Pradesh's Barabanki district.
The court raised multiple questions about the existence of the mosque and the exercise of power shown by the Uttar Pradesh State Government. The case will be heard on July 23.
The court was responding to the writ petition filed by the Uttar Pradesh Sunni Central Waqf Board. The Gareeb Nawaz mosque was demolished earlier this month by the district administration in Barabanki saying that it is an "illegal structure" on public utility land. The mosque is said to have been constructed 100 years ago, reported Live Law.
A Bench of Justices Saurabh Lavania and Rajan Roy said that the petition raises important questions about not only the existence of a mosque on public utility land but also the exercise of power by State authorities under Section 133 Cr.P.C. The court raised concerns about the manner in which the demolition was carried out and the allegations about the abuse of power.
Petitioners have alleged that the demolition of the mosque was done in an extremely hurried and malicious manner. The writ also stated that the demolition was a violation of the High Court order which instructed the state government, municipal authorities, and other local bodies and agencies to be slow in taking action, said the Live Law report.
The petitioners want the court's permission to reconstruct and restore the mosque.
The bench asked the Senior Advocate JN Mathur about the nature or category of land on which the mosque existed and who was the owner. The representative of the petitioner stated that as per the consolidation records of the 1960s, the mosque is on Abadi land ( rural land used for the residential purpose).
The court further questioned the construction of a mosque in a residential area. The petitioner was ordered to provide documents that can prove when the mosque was built.
All parties are instructed to file their affidavits about the case within the next three weeks.