Two contrasting court judgements on mosques in UP and Uttarakhand

Two contrasting court judgements on mosques in UP and Uttarakhand
S.M.A.KAZMI
Dehradun , Nov 24
There are two contrasting court judgements related to two mosques one in Chandausi town of Uttar Pradesh and another in Uttarkashi town of neighbouring Uttarakhand delivered in the past week having significance. While the court order in Uttar Pradesh led to violence and deaths, the High court in Uttarakhand ordered protection of a mosque.
An order was passed by the court of Civil Judge (Senior Division), Sambhal at Chandausi, Aditya Singh on November 19, 2024 ordering a survey of the Jama Masjid, Chandausi on a petition which claimed that a temple was demolished to build the mosque in 1526. The petition was filed on November 19 afternoon, and within hours, the judge appointed an advocate commissioner and directed him to carry out an initial survey at the mosque, which was done the same day leading to communal tension. During the second survey which was carried out today, violence erupted resulting in the killing of three Muslim youth in police firing at Chandausi town of Sambhal district of Uttar Pradesh following incidents of stone pelting and torching of vehicles. The court had also directed that a report of the survey be filed before it by November 29.

On the other hand, a division bench of Acting Chief Justice Manoj Kumar Tiwari and Justice Rakesh Thapliyal of Nainital High Court issued directives to the Uttarakhand government and state Directoir General of Police to maintain peace and security related to the ongoing agitation by Hindu outfits demanding the demolition of a 55-year-old mosque in Uttarkashi.
On November 22, 2024 , a division bench comprising Acting Chief Justice Manoj Kumar Tiwari and Justice Rakesh Thapliyal heard a petition related to the case. Following the proceedings, the court issued directives to the state government and the Director General of police, emphasizing the need to maintain peace and security in the region.
The ‘Alpsankhayak Seva Samiti’ has filed a writ petition in the High court seeking court’s intervention in the issue following threats by Sanyukt Sanatan Dharam Raksha Sangh, a Hindu outfit against the Uttarkashi mosque and hate speeches being given directed against the minority Muslims. The petition also sought court’s intenvention in preventing a proposed Mahapanchat by the Hindu Right wing groups in Uttarakashi on December 1,2024.
Admitting the petition, the court directed the Uttarkashi District Magistrate and Superintendent of Police (SP) to ensure tight security around the Uttarkashi mosque. The court also directed the registry to list the petition as a fresh case on November 27, 2024.
In a hearing before the division bench of the High Court on Friday, senior counsels Dr. Kartikey Hari Gupta, Imran Ali Khan, Pallavi Bahuguna, Rafat Munir Ali, and Irum Zeba, representing the petitioners, raised serious concerns regarding hate speech directed at Muslims.
The senior counsels for the petitioners namely Dr. Kartikey Hari Gupta and Imran Ali Khan pleaded that the mosque on Bhatwari Road in Uttarkashi was constructed in 1969 on privately purchased land. It was further stated that “in 1986, the Assistant Waqf Commissioner of Uttar Pradesh conducted an inquiry and confirmed that a mosque existed on Khasra No. 2223, built by members of the Muslim community using charitable funds and used since then by the Muslims and in 1987 was officially registered as Wakf property.
The petitioners stated that the members of the Sanyukt Sanatan Dharam Raksha Sangh and their associates have engaged in extreme hate speech against Muslims and the mosque which they argued were in complete violation of the directions issued by the Hon’ble Supreme Court of India in the case of Ashwini Kumar Upadhyay v. Union of India Others.
The petitioners asserted, that in September 2024, the Hindu outfit leaders —Jitendra Singh Chauhan, Swami Darshan Bharti, Sonu Singh Negi, Lakhpat Singh Bhandari, and Anuj Walia—who identify themselves as members of the Sanyukt Sanatan Dharam Raksha Sangh and Vishwa Hindu Parishad, began threatening to demolish the mosque. The petitioners had alleged that these leaders have spread false information about the mosque’s legality and have engaged in hate speech against the Muslim community.
Interestingly, Uttarkashi town saw violence on October 24, 2024 when the Hindutva groups tried to take out a procession towards the mosque and had violent confrontation with the police force which tried to prevent them by erecting barricades. Several protestors and policemen were injured in the lathicharge and police arrested eight Hindutva leaders and registered cases against 200 unidentified persons for violence.
Interestingly, Hindutva groups were out to spread their communal agenda despite the fact that Uttarkashi district administration after a through inquiry has found the mosque to be perfectly legal. But following the October 24 incident and pressure from Hindutva groups in the run up to the Kedarnath bye-elections which was scheduled on November 20, 2024, Uttarakhand Chief Minister Pushkar Singh Dhami who went to Uttarkashi on November 6 trying to assuage the ‘hurt’feeling of his fellow political travellers announced that the the papers of the land on which Uttarkashi mosque is built would be re-examined by the administration.
The Chief Minister dur9ing his visit reiterated that ‘Land Jehad’, ‘Love Jehad’ and ‘Thook(spit) Jehad’ would not be tolerated in ‘Devbhoomi’ Uttarakhand and his government has freed 5000 acres of encroached land in the state. He further said that the administration would re-examine the land papers of the Uttarkashi mosque and see if any illegality has been done.
A delegation of Hindu organisation led by district BJP chief Satinder Rana had met the Chief Minister and complained against police lathi charge on October 24, 2024. Acting promptly to placate them, the state administration acted swiftly and finding no scapegoat transferred a Muslim officer Raza Abbas, Sub-Divisional Magistrate (SDM) to state headquarters in Dehradun while Deputy Superintendent of Police (DSP Prashant Kumar, Uttarkashi was also attached with police headquater, Dehradun with immediate effect.
Meanwhile, buoyed by the Chief Minister’s assurance, Hindutva groups announced on Wednesday to hold a demonstration at tehsil level on November 25 against the Uttarkashi mosque. Anuj walia, regional incharge of Vishwa Hindu Parishad (VHP) charged that Uttarkashi mosque has been illegally built and acting as a centre of ‘terrorists’. He announced to hold a ‘Mahapanchat’ at Ramleela ground in Uttarkashi on December 1, 2024.