Amid escalating tensions over the Sanjauli mosque in Shimla, the local Muslim welfare committee on Thursday (September 12, 2024) urged the municipal commissioner to seal the unauthorised portion of the mosque and also offered to “demolish it in accordance with a court order.” The committee made the request in a representation to Municipal Commissioner Bhupendra Attri and said Muslims living in the Sanjauli are permanent residents of Himachal Pradesh and it was taking the step to preserve harmony and brotherhood. Over the past fortnight, sketchy and one sided reports have appeared in commercial media. Activist Himanshu Kumar went to Shimla on a one person fact-finding to get to the bottom of the  Sanjauli Mosque dispute to the country. A report

Mahatma Gandhi had said that young people should go to villages and serve there. Following this I have humbly served the tribal communities throughout my life. This time, the Tribal Coordination Forum invited me to attend the Tribal Rights Day Conference, held just outside the city of Solan in Himachal Pradesh. Representatives from five tribal groups, including the Kinnaura tribe of Himachal Pradesh, participated in the conference. Around 2,500 representatives from tribal communities across Gujarat, Maharashtra, Odisha, Bihar, Jharkhand, Chhattisgarh, Madhya Pradesh, Karnataka, Tamil Nadu, Kerala, Andhra Pradesh, Telangana, Daman Diu, Manipur, Nagaland, Mizoram, and Assam attended the event.

After the conclusion of the conference, I went to Shimla, about 50 kilometres from Solan. A movement is currently underway there, demanding the demolition of an old mosque located in the Sanjauli area. I wanted to learn the truth about the situation in Shimla. I gathered information from senior journalists, lawyers of the Himachal High Court, student leaders, and social activists. I also obtained some documents. Since only one-sided reports are being spread in the media, I felt it was necessary to bring the truth about the Sanjauli Mosque dispute to the country.

Sanjauli is an area adjacent to Shimla. It is a busy market. In 1940, land was donated (waqf) for the mosque. It is important to understand the meaning of ‘waqf’. Waqf means a charitable endowment. When a person donates their land for religious or community work, in Hinduism, it is called ‘dharma’ or ‘dan’, and in Islam, it is called ‘waqf’. Just as in Hinduism, land donated for charitable work cannot be claimed or sold by an individual, similarly, waqf land cannot be claimed or sold. In Islam, a mosque can only be built on waqf land, not on private property. The management of such Waqf land is handled by an organisation called the Waqf Board. The document for the land donation in 1940 is in Urdu and is attached. So, the mosque was built on legitimate land.

When the land for the mosque was donated in 1940, the Waqf Board law had not yet been enacted in India. In 1954, the Indian Parliament passed the Waqf Board Act. After that, all community waqf lands of the Muslim community, including mosques, rest houses, cemeteries, or madrasas, whether built or vacant, were transferred to the Waqf Board, which was a completely legal process. The 1954 government document also confirms that the land for the Sanjauli mosque is recorded in government records as mosque property and belongs to the Waqf Board.

People from distant places from the Muslim community stay at the mosque. Hence, the mosque committee built a hall above the mosque for travellers to stay. For the construction of this hall, the previous BJP government even provided 12 lakh rupees from the government treasury using taxpayer money.

 Everything was fine until suddenly some people gathered and started demanding the mosque’s demolition, calling it illegal. Two stories are being told about this. The first is that a local Congress leader hired some Muslim labourers from Saharanpur but didn’t pay them fully. A dispute arose, and the Congress leader was beaten up. He then gathered a crowd and started the “remove outsiders and demolish the mosque” movement. The second story says that a Muslim barber working at a salon in Maliana was talking on his phone outside his shop. A drunk Nepali man passing by told him to speak quietly. The barber replied, “I am standing outside my shop, what’s your problem?” The Nepali man slapped him, leading to a fight. A Hindu man who intervened fell and got hurt. Though some Hindutva groups claimed it was an attack by Muslims, the injured man clarified that it was not intentional. This incident was used as a pretext by these groups to march from Maliana to Sanjauli, demanding the expulsion of Muslim outsiders and the demolition of the “illegal” mosque.

 Many intellectuals in Shimla told me that rallies were held across the state, instigated by the BJP, targeting places like Kullu, Paonta Sahib, Sunni, Ghumarwin, and Palampur. During a rally in Palampur, Muslim shopkeepers were harassed, and the hooligans proudly shared videos and photos of their actions on social media. A female social worker mentioned that, on one hand, the BJP claims Kashmir is an integral part of India, while on the other, they incite attacks on Kashmiris in other Indian cities, sending a contradictory message.

 Social activists and student leaders explained that just as the BJP falsely accused all Muslim traders in the town of Paprola in Uttarakhand and expelled them, similar communal tensions are being ignited in Himachal Pradesh. However, the BJP finds itself in a tricky situation with the Sanjauli mosque issue, as it had provided 12 lakh rupees for the construction of the travellers’ hall above the mosque and had also appointed an imam of its choice. As a result, the BJP is promoting its agenda through fringe Hindutva groups rather than directly involving its party.

 The role of Congress leaders and the Himachal Congress government has been extremely disappointing and shameful. A Congress minister even claimed in the Assembly that outsiders like Rohingya and Bangladeshi Muslims had entered and were disrupting the peace, which is entirely untrue. There are no Rohingyas or Bangladeshis in Himachal, nor is there evidence of Muslims involved in crimes. A local Hindu journalist remarked, “If these Muslim outsiders are criminals, where is the FIR? Where are the statistics proving their involvement in crimes?”

 Meanwhile, the Muslim community has expressed that they value communal harmony more than the mosque. If their Hindu brothers wish, they are willing to demolish the hall built over the mosque. The mosque committee and the Waqf Board have even written to the government regarding this. However, since the hall was built using government funds, the government cannot order its demolition. Shimla has 25,000 buildings, of which 8,000 are four stories high, exceeding the approved limit of two and a half stories. If the government takes action only against the hall above the mosque, it will have to apply the same rules to all buildings.

Shimla is a major apple market. Muslim traders from Saharanpur and western Uttar Pradesh come to buy apples in bulk, which they export across India and the world. But due to the recent anti-Muslim unrest, fewer Muslim traders have come this year, leading to a drop in the price of apples by 500 to 800 rupees per 20 kg box. According to reports, apple growers in Theog held a meeting with the protest leaders, complaining that their agitation was causing losses. The protest leaders responded by saying that religion is more important than apples.

 This entire episode reveals that a legitimate mosque is being targeted for demolition as part of a mischievous campaign, creating communal tension across the state. The Congress government has been ineffective, and fear has spread within the Muslim community. People are asking, ‘Where are those promoting ‘Mohabbat ki Dukaan’ ? Why are Muslims being forced to live in fear under your government in Himachal?

On September 16, in Shimla, the CPI(M) and other democratic organisations held a meeting and decided to hold a rally on September 27 to defeat the communal forces and maintain communal harmony in the state.

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Since last week, Devbhoomi Himachal Pradesh and Uttarakhand have been witnessing multiple protest and rallies against the mosques situated in different areas of both the state. The situation became chaotic when in Shimla’s Sanjauli area, on September 5, Hindu right-wing called a protest rally against an alleged illegally constructed mosque and turned violent and breached the security layers around the mosque in question. The mob of protesters also chanted slogans and conducted “Hanuman Chalisha” in front of Sanjauli Mosque.

Sanjauli Mosque dispute: Shimla Himachal Pradesh

The protest started over the 14-year-old disputed four-storey mosque located in Sanjauli area of ​​Shimla. It is reported that the incident escalated and flared up from a stray incident as some people allegedly attacked a local trader with rods and sticks. FIR has been registered on 6 persons for alleged attack. It was alleged that all the accused then fled from there and hid in the Sanjauli mosque, resulting in communal tension and protests and slogans chanting against the allegedly illegal construction of the mosque in Sanjauli, claiming that the mosque was constructed illegally and without permission.

The legal dispute of the Sanjauli Mosque is still pending in the court of Municipal Commissioner, Shimla and yet to be decided.

The issue got attention and media coverage when Himachal Panchayati Raj Minister and Congress MLA Anirudh Singh raised the issue of alleged illegal construction of the Sanjauli mosque, while claiming increasing theft in area, rise love jihad concern before the State Assembly. Speaking at the Himachal Pradesh Assembly, Singh demanded an investigation into the construction of Shimla’s Sanjauli Masjid and highlighted the alleged illegal construction of the mosque had led to tensions in the area.

“It has become difficult for women to walk in the Sanjauli market, and thefts are occurring. Love Jihad is another serious issue that needs attention and is dangerous for our country and state. Fights are taking place,” he addressed in assembly.

On the 7th day of Monsoon Session of Vidhan Sabha,
discussion held over illegal construction by the people of a particular community in Shimla and concerns arising due to increasing number of illegal migrants entering #HimachalPradesh. #Shimla #Sanjauli pic.twitter.com/hAq2CGk4Xg

— Anirudh Singh (@anirudhsinghMLA) September 4, 2024

Pertinently, on September 11, after massive protest erupted against the Sanjauli Mosque on the call made by Vishva Hindu Parishad and other right-wing outfits over demand to demolish the alleged unauthorised structure. Sanjauli Mosque Committee President Mohammed Latif and Waqf Board Member Maulvi Shezaad have handed over a memorandum to the Shimla Municipal Commissioner that they have voluntarily agree to seal the entire portion of the illegal expanded structure and also ready to demolish it.

Then BJP Government “funded” the construction illegal portion: Himachal Minister

On September 12, Rural Development Minister Anirudh Singh claimed that the previous BJP government “funded” the construction of the illegal portion of the controversial mosque in Sanjauli. He added that “Himachal has always been a symbol of peace and harmony. A few were trying to give a communal colour to the entire episode for their vested interest, forgetting that it was during the Covid-19 that the structure was raised in an unauthorised manner when the BJP government was in power.”

While addressing a joint press conference with Urban Development Minister Vikramaditya Singh said that “In 2019, Rs 2 lakh was sanctioned from the planning head for the mosque. Also, I have learnt that Rs 12 lakh was given separately by the Jai Ram-led government for the construction of the mosque,”

Accusing the BJP and its associated organisations of politicising the matter, Vikramaditya Singh said the illegal construction of the mosque was done during the tenure of the BJP government. “Three floors of the mosque were built during the Covid period. Who was in power at that time? Whose Mayor and Deputy Mayor were in the Municipal Corporation? It’s easy to point fingers at others, but the BJP ignores its own deeds,” said Vikramaditya, reported The Tribune.

Welcoming move by Masjid Committee: Seeks permission to demolish illegal structure

On September 12, amid tensions over the Sanjauli mosque issue, the Muslim Welfare committee urged the Municipal Commissioner to seal the unauthorized portion and also offered the demolition of portion of mosque in controversy in accordance with a court order.

According to the Imam of the Sanjauli mosque, “There is no pressure on us, we have been living here for decades and this decision has been taken as a Himachali. We want to stay in peace and brotherhood should prevail.”

Members of the Dev Bhoomi Sangarsh Committee, which had given the protest call against the unauthorised construction in the mosque, welcomed the move. Member of the samiti Vijay Sharma said “We welcome the move of the Muslim community and would be the first to hug them for taking this initiative in the larger interest,” reported The Siasat Daily.

After the controversy erupted in Shimla over Sanjauli Mosque, the Shimla Waqf Board took control of the mosque and removed the Imam from mosque. The dispute is still pending in the court of Municipal Commissioner Shimla and next hearing scheduled in this matter in October month (2024).

FIR registered on right wing leaders, Police releases CCTV footage of stone pelting

On September 13, Shimla Police released the stone pelting video of the September 11 protest, called by Hindu right-wing in Sanjauli over the alleged illegal construction of mosque. As so far, 8 FIR have been registered against the persons who violated the imposition of Section 163 and pelted stones over police personals. Due to stone pelting 6 policemen were injured including a woman police who had vertebrae fractures and is in a serious condition.

As on September 11, protesters breached the first row of barricading and clashed with security forces. Police personnel used water cannons and resorted lathi-charge to disperse protesters heading towards the Sanjauli area of Shimla. Reported ANI

Link:

In #HimachalPradesh‘s #Shimla, #Hindutva groups have created communal tensions, broke barricades and have reached the mosque against which they are protesting.

There was a call given by #VHP today against the mosque in #Sanjauli. Situation tensed. pic.twitter.com/KgeHi8vA5H

— Hate Detector (@HateDetectors) September 11, 2024

Protests in Mandi town over illegal construction of mosque; police use water cannons

On September 13, another protest triggered in Mandi town of Himachal Pradesh on Friday over alleged illegal construction at a mosque located in the jail road area. The Hindu right-wing protesters started chanting slogans of “Jai Shri Ram, during the march at Mandi market while demanding the demolition of a portion of a mosque.

Police used water cannons to disperse protesters as turned violent. During the march protesters clashed with police as they were trying to go towards the mosque in controversy. They were stopped by barricades.

The protest also raised controversial and objectionable slogans during the protest

Link:

 

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The mosque management commit has been served a notice by the Mandi municipal corporation to remove the encroachment within 30 days. According to the notice, the mosque stands on 232 square metres of land while the approval granted was just for 45 square metres.

The protesters initially called a march in the Mandi market area and sat on a dharna at Seri manch. Later, when they made attempts to proceed towards the mosque, police restraint them and used water cannons to bring the situation under control. Although, on September 12, the members of the Muslim community had demolished an unauthorised portion of the mosque by themselves.

Link:

After protests in #HimachalPradesh‘s #Mandi, the alleged illegal structure of the mosque was broken by #Muslims in presence of the administration.

There have been massive protests by #Hindutva groups in #Shimla and Mandi against alleged illegal construction in mosques.… pic.twitter.com/hAZCgelzCK

— Hate Detector (@HateDetectors) September 12, 2024

It has been alleged that the unauthorised construction was on a plot of land which belongs to the public works department. The department and the municipal corporation had earlier served notices on the mosque management committee in this connection, reported The Hindu.

Himachal CM conducts meeting with all party members over disputes

On September 13, Himachal Pradesh’s Chief Minister Sukhvinder Singh Sukhu termed the protest against the Sanjauli mosque in Shimla as a “local dispute”. CM Sukhu convened an all-party meeting at his office on Friday amid growing communal tension in Himachal Pradesh.

A joint statement issued after the meeting, where it was decided that a joint committee of leaders would be formed under the Vidhan Sabha Speaker to formulate a policy for street vendors in Himachal Pradesh.

BJP MLA Randhir Singh Sharma, who represented the BJP in the meeting, said “We demand the sealing of the entire structure until the final verdict is delivered by the municipal commissioner’s court in Shimla where the matter is listed for October 5. There is anger among the people regarding the mosque, which was constructed illegally. We agree with forming a joint committee for the registration of vendors from other states. The issue at hand concerns the illegal structure,” reported the Indian Express.

Uttarakhand mosque row: Mosque built on registered land, not illegal: Official says

In Uttarkashi also, Hindu right-wing issued warning to the district administration, threatening to demolish a mosque in Masjid Mohalla if it is not razed within three days. The organizations claim the mosque is ‘illegal’ and have given an ultimatum to the authorities to act or face the consequences.

The situation has raised concerns about potential communal clashes and law and order issues in the region, as the groups have publicly threatened to take matters into their own hands if their demands are not met.

Amit Srivastava, superintendent of police (SP), Uttarkashi, said, “Some Hindu organisations had given a memorandum to the administration, in which they stated that it is an illegal mosque. According to the district administration, it is built on registered land, and it is not illegal. It is registered in the names of four people. The administration has conveyed them the same to the Hindu organisations.” “We will not allow anybody to take law into their hands”, he said.

An umbrella group of Hindu organisations — Sanyukt Sanatan Dharam Rakshak Sangh — submitted a memorandum to Uttarkashi district magistrate Meharban Singh Bisht on September 9 demanding for the demolition as it was not registered in the official revenue records.

However, Uttarkashi DM Bisht stated that they have constituted a committee under sub divisional magistrate (SDM) Bhatwari for inspection of the land records pertaining to the mosque.

Notably, it has been also reported that the said protest triggered due to a grave mistake by the district administration of Uttarkashi, as while giving reply to an RTI application in August, 2024, the district administration’s PIO stated that “no records of free-hold or lease allotment of land in the name of the mosque were found in the office.”  The incomplete information about the mosque provided by the information officer paved the way for Hindu outfits to demand the removal of mosque in the region, claiming it illegal.

The district administration then finds out its own documents, disclosing that the land on which the mosque stands is indeed registered in the names of account holders.

Uttarkashi District Magistrate Dr Mehrban Singh Bisht stated, “The land occupied by the mosque has a legitimate registration and mutation record, listing ten account holders. Notably, the then Tehsildar of Bhatwari had also formally recognized the mosque’s presence on the same land in a 2005 order.” as reported by The Indian Express.

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