The Supreme Court on Monday (February 17) issued a notice to the Uttar Pradesh government in response to a petition seeking contempt of court proceedings against state authorities over the partial demolition of the Madni Mosque in Kushinagar. The petition alleges that the demolition was carried out in violation of a prior Supreme Court order issued on November 13, 2024, which required due notice before any such action.
A bench comprising Justices B R Gavai and A G Masih took cognizance of the matter and directed the respondents to explain why contempt proceedings should not be initiated against them. The court also issued an interim order halting any further demolition at the site until further instructions are given.
According to the petitioners, the Madni Mosque was constructed on private land legally owned by them, with due approval from the municipal authorities. The petition cites a sanction order from 1999 that authorised the construction. Although the approval was later revoked, the Allahabad High Court, in its February 12, 2006, ruling, set aside the revocation, effectively upholding the original sanction.
The court’s order states:
“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 petition further asserts that local authorities conducted an inspection of the site in response to a complaint. The Sub-Divisional Magistrate (SDM) inspected the premises and issued a press note on December 22, 2024, affirming that the construction was in compliance with the sanctioned plan. It was also noted that any non-sanctioned extensions were voluntarily removed by the petitioners themselves.
“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 court order stated.
The petitioners contend that the demolition was carried out in direct defiance of the Supreme Court’s previous directives. Taking note of this argument, the apex court issued a notice to the state authorities and warned of potential contempt proceedings.
“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 stated.
Senior Advocate Huzefa Ahmadi, representing the petitioners, emphasised that no notice was issued before the demolition, making it a blatant violation of the Supreme Court’s 2024 ruling. He called the act an “egregious contempt” of court and argued that officials proceeded with the demolition despite knowing that the structure had legal sanction.
Ahmadi further alleged that the SDM, who had previously confirmed that the mosque adhered to the approved construction plan, was abruptly transferred before the demolition took place. He also highlighted that the petitioners had already voluntarily removed any unauthorised sections of the mosque, making the demolition even more unjustified.
The Supreme Court has now sought a response from the Uttar Pradesh authorities within two weeks and has temporarily stopped any further demolition of the structure in question.
