Supreme Court halts demolition of mosque in Uttarakhand, protecting a “sufficiently old” pre-Independence structure and emphasizing heritage preservation and legal safeguards for historic religious sites.
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NEW DELHI: The Supreme Court of India has delivered an important ruling concerning a religious structure in Roorkee, Uttarakhand. The case revolved around the Gafuria Masjid, which authorities sought to remove on the grounds that it was obstructing a public road.
A two-judge bench comprising Justice M.M. Sundresh and Justice Satish Chandra Sharma held that, while the mosque is an old structure that should not be demolished, it shall also not be used for any religious purpose going forward.
Background of the Case
The petitioners, led by Razia Beg and others, challenged multiple orders of the Uttarakhand High Court, which had declined their plea to quash the government’s direction to remove the mosque.
- The petitioners argued that the mosque had existed since before India’s independence in 1947, on land donated by the then Zamindars.
- They further contended that the 2016 Uttarakhand Policy on removal and relocation of unauthorized religious structures on public land did not apply, as the mosque was not obstructing public roads.
- A 1973 Government of India plan of Saharanpur District was also placed on record to support their claim.
The High Court, however, rejected these arguments, noting that no record of ownership or dedication under Muslim law had been produced.
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Supreme Court’s Observations
After reviewing the records and maps presented, the Supreme Court noted that the evidence was “vague and inconclusive” with respect to the mosque’s age and title.
However, considering its historical existence, the Court directed:
- The mosque shall not be demolished as it is “sufficiently old.”
- The mosque shall not be used for religious purposes.
- If anyone attempts to enter the mosque for worship or related activities, the State of Uttarakhand may take appropriate action.
Case Title:
Razia Beg & Ors. V. The State of Uttarakhand
SLP (C) No. 32/2024
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