Dehradun: The Supreme Court has sought a response from the Uttarakhand government regarding a contempt petition filed against state officials over the alleged demolition of a waqf property, Dargah Hazrat Kamal Shah, in Dehradun.
The petitioner argues that the demolition was carried out despite the Union government’s assurance to maintain the status quo on waqf properties amid legal challenges to the Waqf Amendment Act, 2025.
SC issued notices to Uttarakhand Chief Secretary Anand Bardhan
A Bench of Justices B.R. Gavai and A.G. Masih issued notices to Uttarakhand Chief Secretary Anand Bardhan, along with district and municipal officers, asking them to clarify their position. The contempt plea was filed by Mehfooz Ahmed, who alleged that the Dargah, registered as waqf property since 1982, was demolished without warning during the intervening night of April 25-26.
Violation of Supreme Court Assurance?
Ahmed’s petition highlights that on April 17, the Union government had assured the Supreme Court that no waqf property would be altered while legal proceedings concerning the Waqf Amendment Act were ongoing. However, despite this assurance, authorities allegedly went ahead with the demolition.
“In violation of the undertaking recorded in the Supreme Court’s April 17 order, the authorities demolished the dargah in the dark of the night without issuing any notice or granting an opportunity for a hearing,” the plea stated.
The petition references the Supreme Court’s prior ruling on November 13, 2024, which established nationwide guidelines prohibiting demolitions without prior notification and at least 15 days for affected parties to respond. According to Ahmed, the demolition disregarded both legal safeguards and constitutional protections for waqf properties.
Legal proceedings against officials
The contempt plea argues that the demolition was carried out as part of a larger drive conducted by Dehradun authorities. The petitioner alleges that the action was executed based on a complaint submitted via the Chief Minister’s portal. Among those named in the complaint are City Magistrate Dehradun, District Magistrate, and the Municipal Commissioner, all accused of violating the Supreme Court’s directive. Additionally, the plea emphasized that the Dargah Hazrat Kamal Shah had been officially recognized as waqf property in government records, including the Sunni Central Board of Waqfs and the Waqf Asset Management System of India (WAMSI).
Supreme Court’s next steps
The Supreme Court has now directed the state government and involved officials to respond to the allegations. While the court has not issued any immediate orders against the officials, the case could have wider implications for waqf properties across India, especially as the contentious amendments to the Waqf Act remain under judicial review.
Legal experts believe that if the petitioners successfully prove their claims, contempt proceedings may be initiated against the accused, potentially leading to punitive measures against the officials responsible for the demolition.
