[Gareeb Nawaz Mosque demolition] Allahabad High Court issues contempt of court notice to SHO, Barabanki for alleged violation of High Court order

The Allahabad High Court (Lucknow Bench) has issued notice to the Station House Officer, Ram Sanehi Ghat asking him to explain as to why contempt of court proceedings should not be initiated against him for demolition of the Gareeb Nawaz mosque in violation of High Court order (Wasif Hasan and Anr v. Divyanshu Patel)..Single-Judge Justice Ravi Nath Tilhari, said that the demolition order passed by SHO seemed to be prima facie in contravention of the High Court's stay order of April 24 which had directed that demolition should not be carried out during pandemic times. "From the averments made in the contempt petition as also the submissions advanced, prima facie, it appears that the demolition of the mosque in question on May 17, 2021 by the respondent No. 2-Station House Officer, Ram Snehi Ghat, Tehsil and District Barabanki, as stated, is in violation of the directions No. 4 and 5 of the order dated April 24, 2021 passed in PIL No. 564 of 2020," the Court said..It, therefore, issued notice to the SHO. The Court, however, refused to issue contempt notice to Sub Divisional Magistrate (SDM), Ram Sanehi Ghat, because the SDM had passed order of demolition on April 3, while the stay was granted only on April 24..The contempt petition was filed alleging deliberate disobedience of the order dated April 24 passed by a Division Bench of the Allahabad High Court in the case of In Re: v. State of Uttar Pradesh..Senior Advocate, Kapil Sibal, who appeared for the petitioners, submitted that the orders issued by SDM, Ram Sanehi Ghat and Station House Officer were in grave violation of the directions issued by the High Court. .[Gareeb Nawaz Mosque Demolition] Contempt petition filed before Allahabad High Court against local authorities .Sibal pointed out that in the April 24 order of the High Court, there was a general direction that of any order of eviction, dispossession or demolition, already passed by the High Court, District Court or Civil Court, if not executed till the date of passing of this order shall remain in abeyance till May 31, 20121. He submitted that the proceedings under Section 133 of Code of Criminal Procedure are of a civil nature and reliance was placed on State of M.P. Vs. Kedia Leather & Liquor Ltd. and others and Ganga Singh & others Vs. State of U.P. & others. In this regard, Sibal submitted that where directions are general in nature, any violation of the same would enable an aggrieved party to file contempt petition and both applicants, Co-Mutawalli of Teelewali Masjid, Lucknow and worshipper at Gareeb Nawaz Mosque, are aggrieved by the demolition. .The Court, however, refused to issue contempt notice to the SDM.."Paragraph-4 of the affidavit filed in support of the contempt petition, prima facie appears not to be correct with respect to the respondent No. 1 in as much as the date of the order passed by the Sub Divisional Magistrate, Ram Snehi Ghat, Tehsil Barabanki is 03.04.2021, whereas in the P.I.L. No. 564 of 2020 the order in which the directions were issued is dated 24.04.2021. There is nothing on record of the contempt petition to show that the Sub Divisional Magistrate, Ram Snehi Ghat, Tehsil Barabanki, passed any order for demolition or advising dispossession and evictions during the pendency of the order dated 24.04.2021 passed by this Court in the P.I.L. As such from the averments of the contempt petition, prima face, no case for issuance of notice is made out against the respondent No. 1," the Court said. .It, therefore, proceeded to issue notice to SHO alone and posted the case for further hearing on July 22. .Senior Advocate Kapil Sibal, assisted by advocate Sarim Naved appeared for the petitioners.[Gareeb Nawaz Mosque demolition] Plea raises important questions about existence of Mosque: Allahabad High Court issues notice to State, SDM .Earlier, another Bench of the Allahabad High Court had recently issued notice to SDM, Divyanshu Patel on a batch of petitions filed by Sunni Waqf Board and All India Muslim Personal Law Board challenging the demolition of the mosque. A Division Bench comprising Justices Rajan Roy and Saurabh Lavania said that the petitions raised important questions as regards existence of mosque on public land and hence notice was issued to state and local authorities. "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..[Read Order]