Greeva Garg –
The Allahabad High Court has passed the Order on two Writ Petitions filed by the Uttar Pradesh Sunni Central Waqf Board and Hashmat Ali and others, against the demolition of the Gareeb Nawaz Al Maroof Mosque situated in Barabanki town in Central Uttar Pradesh.
The Division Bench comprising Justice Rajan Roy and Justice Saurabh Lavania issued a notice to seek the response of the State Government and the then Sub-Divisional Magistrate (SDM) of Ram Sanehi Ghat in Barabanki.
The Court also said that the petitions raise important questions as regards the existence of a 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.
Both the petitions were filed censuring the Orders passed by the then Sub-Divisional Magistrate, Barabanki and action taken pursuant to proceedings under Section 133 of Code of Criminal Procedure (CrPC) 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.
The counsel for the petitioners raised various questions as to the scope and exercise of power under Section 133 of The Code of Criminal Procedure (CrPC) claiming that it was a mala fide exercise of power by the then Sub-Divisional Magistrate.
The bench recorded in its order that the senior advocate appearing for the UP Sunni Central Waqf Board was unable to show any documentary proof about the ownership right of the committee of management on the land where the mosque was constructed.
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. The matter will be heard on July 23.