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Demolition Of Mosque In Saharanpur Court Premises Cannot Be Ever Justified

                                   It ostensibly needs no rocket scientist to conclude that the most horrendous brazen manner in which more than 100-year-old mosque in Saharanpur in court premises itself has been demolished on September 5, 2026 all of a sudden without following proper procedure flouting all norms of rule as laid down by law before a demolition is executed and that too right in court premises itself and without giving any time to affected Muslims to file an appeal as ideally should have been allowed like we see usually in different cases is definitely highly condemnable, deeply outrageous and so also is most disgusting indeed to watch and has set a very dangerous precedent which has to be most strongly deplored as it is absolutely reprehensible and undoubtedly cannot be ever justified under any circumstances! Those who have flouted the rules in this regard must definitely be punished most strictly! How can any lawyer or even a common person in his right senses ever justify such illegal demolition of mosque without adhering to the proper procedure?  

                                              All that I can say for myself is that I am left completely speechless and dumbfounded and just don’t know what to say! It must be brought out here that this dispute that has grabbed news headlines dates back to a complaint that had been filed by Vikas Tyagi who is former provincial convenor of the Bajrang Dal. What ensued following the complaint was that a petition under the Public Premises (Eviction of Unauthorised Occupants) Act was filed before the City Magistrate’s court on March 24, 2025.

                                                                It was on July 16, 2026 that the City Magistrate’s Court declared the mosque illegal and also imposed a huge penalty of 6.41 crores. We saw how the petitioners from mosque side had challenged the order before the District Judge’s court on July 20, 2026. It must be noted that the case was heard on 17 dates before the Court before the matter was decided on September 2.      

                                    It would be worth noting that the District Judge’s court subsequently upheld the City Magistrate’s order. It also dismissed the petition that had been filed by the mosque side. The administration then within no time proceeded with the demolition most brazenly in undue haste following the judgment.

                                                                             Ideally, either the Allahabad High Court or the Apex Court should have taken suo motu cognizance of it but alas it did not happen! All I can say is that I am left completely speechless and just don’t know what to say! How can proper legal procedure be trampled upon by law enforcing agencies themselves in such ruthless manner?

                                      I fully and firmly endorse the opinion of All India Muslim Personal Law Board (AIMPLB) which has most strongly condemned the most unjustified and unlawful demolition of a more than century-old mosque which is located within the Saharanpur Collectorate premises most rationally describing it as a grave violation of the rule of law, religious freedom and the fundamental principles of justice. For my esteemed readers exclusive indulgence, I must disclose here that AIMPLB spokeperson Dr SQR Ilyas explicitly stated on July 16, 2026 that the City Magistrate’s Court declared the mosque to be an unauthorized occupation of government land and ordered its eviction. In the fitness of things we saw how the mosque management most commendably challenged the order before the District Court.      

                            It merits noting that on September 2, the District Court dismissed the appeal and upheld the City Magistrate’s Court order. What, however, cannot be lost sight of is that on September 4, the district administration had clearly assured the local Muslim residents that the mosque would only be sealed and not demolished. Yet, what came as a bolt from the blue and exposed the hollowness of the assurances was the most unwarranted undue haste that the very next morning most intriguingly, at around 4 a.m. when the mosque was most ruthlessly demolished which definitely cannot under any circumstances be ever justified on any pretext whatsoever!

                                                                                  I am entirely on the same page as Dr SQR Ilyas that an eviction order cannot by itself justify the immediate demolition of a religious structure. Moreover, the most deepest religious sentiments of my Muslims brothers and sisters definitely should have been taken into account by the State administration! One entirely fails to comprehend that what was the tearing hurry to demolish a religious structure with which sentiments of so many Muslims were attached? It was not a border area that some specious plea could have been employed to  justify it!

            Plainly speaking, Dr Ilyas most righteously pointed out that, “If the mosque management still had the legal right to approach a higher court, demolishing the mosque without allowing it an effective opportunity to pursue legal remedies was contrary to the principles of justice and natural justice”! How can any person in his/her right senses ever dare to differ or disagree with what Dr Ilyas has so rationally pointed out?  Dr Ilyas also touched the right pulse when he also most commendably put forth precisely that, “Even if the government claims ownership of the land, it is bound by the rules of law, a fair hearing and the principles of natural justice. A claim that the land belongs to the government does not empower the State to act above the law. Articles 14, 21 and 25 of the Constitution guarantee equality, due process and freedom of religion, respectively.”

                      How can all this be bulldozed with impunity even by State and still not be ever held accountable for the most despicable and dastardly act that must be most strictly punished in my own personal opinion? What are Courts meant for if such cowardly and wholly illegal acts are allowed to be condoned just because State itself is the perpetrator? Notably, Saharanpur comes under the Kairana Lok Sabha constituency and Iqra Hasan who is an MP from this region lamented that she was reportedly placed under house arrest at her residence before she could travel to Saharanpur in connection with the demolition.  

                          On a very personal note, I will definitely prefer to kill myself rather than demolish a mosque in which Muslims pray because my one life cannot be more costly than the lives of so many Muslims who pray and hold a mosque in the most highest esteem just like Hindus hold temples or Sikhs holds a Gurudwara with utmost devotion! It needs to be noted that Dr Ilyas further revealed that following the demolition, an ancient well approximately 20 feet deep was discovered beneath the debris. He also disclosed that, “The Archaeological Survey of India (ASI) has inspected the site and collected samples. In view of this, an impartial examination of the mosque’s historical status, official records and ownership of the land is essential.”  

                                                              I am personally most deadly against searching of temples in mosques and this most dangerous trend that I am witnessing in India since last couple of years has to be brought to an immediate end altogether! I will prefer to die than opting to pray at a place by fighting legal battle where my Muslim brothers and sisters offer namaz on the pretext that 100 years ago or 200 years ago or 500 years ago there was a temple in that place where now mosque stands! To be brutally honest, it was my very best friend Sageer Khan in Mackronia locality in Sagar in MP in 1993 who first ingrained in me that, “I never desire to offer namaz at a disputed site or on roads that disturbs others and at any place where it is claimed by some person of other religion as site of their worship.”

                                 It has to be conceded that the petitioner very rightly submitted in the court that authorities moved quickly to demolish the mosque, tearing it down within three days of the eviction order. This has to be most strongly deprecated. What came, however, as some respite was that the Allahabad High Court on September 11 stayed the recovery of Rs 6.41 crore damages from the committee of a mosque that was demolished so hastily at the Saharanpur Collectorate complex for unlawful occupation and use of the premises.

                    It must be laid bare that the Single Judge Bench comprising of Hon’ble Mr Justice Rohit Ranjan Agarwal passed the stay order most commendably in a petition that had been filed by Mohammed Tanveer Ahmad who had challenged rightly the whimsical order that had been passed by the Saharanpur City Magistrate on July 16 and the order of Saharanpur District Judge, dated September 2 which  had upheld the City Magistrate’s decision of eviction and imposition of damages of whooping Rs 6.41 crores. It must also be disclosed here that according to the petitioner, Yaqub Khan and Wahid Khan were the original owners of the land on which the mosque existed, and the land was being used as Waqf. It was also revealed that the mosque exists on the land in dispute for more than 100 years!      

                   It has to be borne in mind that the Allahabad High Court has asked the UP State Government to file a counter affidavit within 3 weeks on a writ petition against the action. While Additional Solicitor General Manish Goyal who appeared on behalf of the State of UP opposed the petition, citing “inconsistencies” in it. In all fairness, it was conceded by the Court that the matter “requires consideration” and fixed October 12 as the next date of hearing. One fervently hope that the mosque demolished in undue haste inside the Saharanpur Collectorate complex in court premises on September 5 will be ordered to be restored as it stood prior to demolition at the earliest!

                                 Frankly speaking, one has to concede that opposition parties have a legitimate point when they express their grave concern over the tearing haste demonstrated in razing of Saharanpur mosque which caught the whole nation’s attention and it has to be most strongly condemned! Zia ur Rehman Barq who is the SP MP from Sambhal has also accused the State Government of pursuing a “one-point programme” that was completely focused on mosques, madrasas and graveyards, and criticized officials over the demolition of the mosque in Saharanpur. He directly alleged that the government was not focusing on inflation, employment, education, health care or services for the poor, and was instead “harassing Muslims” in the belief that it would help it win elections. He also pointed out that the Saharanpur mosque was 119 years old and had documents relating to it. He also very rightly criticized notices being issued in Sambhal and Moradabad, calling such action “completely wrong”.

                           In a nutshell, it is high time and the mosque demolished in undue haste in Saharanpur Collectorate Court complex needs to be restored again as it stood earlier. I am sure that Allahabad High Court will ensure that justice is not only just done but also seen to be done by ensuring that the mosque is rebuilt again where it earlier stood. But till judgment comes, we have to keep our fingers crossed as to what action is taken by the Court! No denying!