New Delhi: The Supreme Court on Monday directed Uttar Pradesh authorities to respond as to why contempt proceedings should not be initiated against them for razing a portion of a mosque at Kushinagar in alleged disobedience of the apex court’s direction.
A bench of Justices B R Gavai and Augustine George Masih also directed that until further orders, there shall be no demolition of the structure in question.
The bench passed the order while hearing a contempt plea against the authorities concerned in Kushinagar for their alleged wilful disobedience and failure to comply with the top court’s November 13 last year directions.
In its November 13, 2024 verdict, the top court laid down pan-India guidelines and barred demolition of properties without a prior show cause notice and 15 days’ time to the aggrieved party to respond.
The fresh petition, filed through advocate Abdul Qadir Abbasi, said the authorities had demolished the outer and front area of the Madni mosque in Kushinagar on February 9.
Senior advocate Huzefa Ahmadi, appearing for the petitioners, said the structure in question was constructed on a private land owned by the petitioners. He said the construction was with due sanction of municipal authorities according to a sanction order of 1999. Ahmadi argued that the demolition was carried out in “egregious contempt” of the directions issued by the apex court in its November last year judgement.
“Issue notice as to why proceedings for contempt should not be initiated against the respondents,” the bench said and posted the matter for hearing after two weeks.
“It is further directed that until further orders, there shall be no demolition of the structure,” the top court said.
At the outset, the bench told Ahmadi that the apex court was asking the petitioners alleging contempt in demolition matters to approach the jurisdictional High Courts with their grievances.
The plea alleged that the demolition was carried out without following the due legal process and in clear contravention of the guidelines issued by the top court.