New Delhi: The Supreme Court on Monday (February 17) issued notice to authorities in Kushinagar, Uttar Pradesh on a plea seeking initiation of contempt proceedings against them for partial demolition of a mosque in violation of apex court order restraining demolition of private properties across the country without prior notice and grant of opportunity of hearing.
A bench comprising Justice BR Gavai and Justice Augustine George Masih issued notice to the Kushinagar authorities to show cause as to why contempt proceedings be not initiated against them for alleged willful disobedience and failure to comply with the directions of the top court and directed no further demolition of mosque in question till further orders.
What did the apex court say?
“Issue notice as to why proceedings for contempt should not be initiated against the respondents,” the top court bench said and added, “It is further directed that until further orders, there shall be no demolition of the structure.”
The bench posted the matter for hearing after two weeks.
What did the petitioners submit?
The petitioners claimed that the authorities demolished the outer area and front of Madni Masjid in Kushinagar, Uttar Pradesh in violation of the top court order on February 9 and that they were not granted an opportunity of hearing by the authorities concerned before the demolition of the said structure.
The counsel representing the petitioners submitted before the court that said structure was constructed on a private land owned by the petitioners and the construction was with due sanction of municipal authorities as per a 1999 sanction order, however, the demolition of the said structure was carried out by the authorities in “egregious contempt” of the directions issued by the top court in its last year verdict.
The petitioner sought initiation of contempt proceedings against the authorities and status quo at the mosque and restoration or compensation for the damage caused by the demolition.
What did the apex court say in its last year order?
The apex court in a verdict delivered on November 13 last year passed a slew of directions and laid down pan-India guidelines on the use of bulldozers by state governments for demolition of properties of accused of crimes as a punitive measures without following due procedure of law and ordered that no demolition should be carried out without prior show cause notice.
