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Two Uttar Pradesh based clerics are seeking the state advocate general’s consent for a criminal contempt case against the Barabanki district magistrate (DM) and the sub-divisional magistrate (SDM) for their alleged role in the demolition of a 100-year-old mosque at Ram Sanehi Ghat, reported Hindustan Times. Maulana Mohammed Faizan, Imam of the Eidgah ar Barabanki is one of the two who have sought the AG’s consent as required by the procedure laid out before any criminal contempt against the administrative officers is initiated for. He is quoted saying, “Demolition of the 100-year-old mosque was sheer misuse of power and an attempt to hurt one’s religious sentiments. It was also a violation of high court orders not to take any such steps till May 31, following the Covid situation.”
On May 17, following the orders of the SDM’s court, the Ram Sanehi Ghat mosque was demolished. The Guardian, had reported that the destruction of the Mosque violated a High Court order ruling to protect it till May 31. As per the documents held by the mosque committee, the place of worship had stood for at least six decades, perhaps more. However, police and other security services cleared the area of people, and bulldozers were used to demolish the mosque”. It was reported that the “debris was then thrown into a river” hence leaving no or little ‘evidence’ of the destruction. This destruction, which can have a long lasting negative impact, was done in the middle of the Covid-19 pandemic.
While the district administration continues to maintain that the mosque was an “illegal construction”, it is on the records of the Sunni Central Waqf Board documents as ‘Tehsil Masjid’ for the last six decades, reported the BBC. Those in charge of the mosque told the media that it is even older, as the record books came into existence much later than the structure. The Uttar Pradesh Sunni Central Waqf Board called the administration’s action illegal, and was likely to challenge it in the High Court.
Maulana Mohammed Faizan told HT that the demolition was a rude shock for him and for the people of the community who had been offering “namaaz” there since ages. He said, “I don’t remember the time and date when the mosque—Gareeb Nawaaz — that was in the tehsil compound at Ram Sanehi Ghat, Barabanki, got constructed. What is known to all is that our father and grandfather, too, had offered namaz here and we too have been offering namaaz here since ages. Hence, its demolition was a setback for all of us.”
The other cleric, Wasif Hasan, co-mutwalli (co-caretaker) of Teelay Wali Masjid in Lucknow, too, has sought consent from AG for the initiation of the criminal contempt added the HT report. According to Hasan this consent is a part of procedure. He said, “For a private individual to initiate criminal contempt requires consent of AG of state. It is for the same reason we have approached him.” Hasan also told the media that he blamed the Barabanki administration for misleading the public by saying that the demolition was as per high court orders. However, Adarsh Singh, district magistrate of Barabanki, told the media he was not aware of any such developments.
It may be recalled that a case had also been lodged last month at the Ramsanehi Ghat police station under IPC sections including 419 (cheating by personation), 420 (cheating), 467 (forgery), 471 (using as genuine a forged). Barabanki Police lodged a case against eight people “who were members of a committee”, this includes a former UP Sunni Central Waqf Board inspector, accusing them of “fraud and cheating” reportedly to get the mosque that was demolished registered as a Waqf property.
According to the news report, the two clerics who have approached the AG have support from the legal team of Indo-Islamic Cultural Foundation (IICF), the trust which Uttar Pradesh Sunni Central Waqf Board (UPSCWB) had formed to look after the construction of the proposed project in Dhannipur village of Ayodhya on the five-acre land allocated in line with the Supreme Court’s Ayodhya title suit verdict. The HT quoted Athar Hussain, spokesperson for IICF as saying, “The act has badly affected our upcoming Dhannipur project, which is 20km from the site where the (Barabanki) mosque was demolished. Our project—under which a mosque, hospital, community kitchen, museum etc would come up—aims at bridging the communal and cultural differences. However, such acts often play spoilsport and create unpleasant environment for the people. We believe people responsible for creating such unpleasant situations should be punished. The maulanas will also be approaching the high court for initiation of civil contempt proceedings against the SDM for violating the high court orders.”
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