'Egregious Contempt': Supreme Court Issues Notice To Uttar Pradesh Over Partial Demolition Of Kushinagar Mosque

On Monday (17 February), the Supreme Court issued a notice in response to a petition that calls for contempt of court proceedings against Uttar Pradesh authorities, Indian Express reported. The petition was filed in reaction to the partial demolition of the Madni mosque in Kushinagar, Uttar Pradesh.

Justices B R Gavai and A G Masih, a judicial panel, have released a statement regarding the petition that claims the demolition was performed without the necessary notice, as specified by the Supreme Court's ruling on 13 November 2024. The court has also put a halt to any additional demolition activities at the site until they give further instruction.

“It is submitted that the structure in question was constructed on private land owned by the petitioners. The construction thereon was also with the due sanction of municipal authorities as per the sanction order of 1999. He further submits that though the said sanction was sought to be revoked, by the order of the High Court dated 12.02.2006, the said revocation was set aside…the effect being that the sanction is still in vogue,” the bench was quoted as saying by IE.

“He further submits that on the basis of a complaint, the matter was enquired by the Sub Divisional Magistrate (SDM). The SDM carried out an inspection and also issued a press note on 22.12.2024. As per the inspection, the construction was found to be in accordance with the sanction plan. It also notes that the construction which was found to be non-sanctioned was removed by the petitioners themselves,” the order stated.

“It is submitted that in these premises, the demolition which was made is in egregious contempt of the directions issued by this court. Issue notice as to why proceedings for contempt should not be initiated against the respondents…returnable in two weeks… Until further orders, there shall be no demolition of the structure in question,” the order further said.

Senior Advocate Huzefa Ahmadi, representing the petitioners, argued that the demolition of the structure was an "egregious" contempt of the court's 13 November 2024 judgment as no notice had been issued regarding it.

Ahmadi argued that the SDM, who confirmed that the building complied with the approved plan, was transferred prior to the demolition by the police and other authorities. He further mentioned that the petitioners voluntarily removed an unauthorised section of the mosque.