Gareeb Nawaz Mosque was neither an unlawful obstruction nor a nuisance: Sunni Waqf Board and AIMPLB move Allahabad High Court against demolition
The Sunni Waqf Board and the All India Muslim Personal Law Board (AIMPLB) have recorded writ petitions under the steady gaze of the Allahabad High Court testing the destruction of the Gareeb Nawaz Mosque in Uttar Pradesh's Ram Sanehi Ghat. The petitions look for headings to recreate and reestablish the Gareeb Nawaz Mosque, which was wrecked by the nearby experts on May 17.
It has been presented that the destruction of the said mosque was in repudiation of the Allahabad High Court's organization remaining all tear-downs in the State till May 31, considering the COVID-19 pandemic. Further, it is expressed that the organization of destruction procedures by the neighborhood specialists under Section 133(1) of Code of Criminal Procedure (CrPC) was horribly unlawful and illicit due to three principle reasons:
Initially, since the property was a Masjid, no procedures could be started without issuance of notice to the Waqf Board as commanded under Section 90(1) of the Waqf Act. Furthermore, the Sub-Divisional Magistrate (SDM) had a private plan for expulsion of the Masjid and accordingly couldn't have managed the lead of the procedures u/s 133(1) of the CrPC.
Thirdly, throughout enquiry, when it was brought to the notification of the SDM that the Masjid is a properly enlisted Waqf under the arrangements of the Waqf Act, 1995, he lost his locale to proceed with the procedures, however purposely and malevolently disregarded the arrangements of Section 137(2) of CrPC.
Both the petitions have looked for the accompanying help from the Court:
1. To suppress the request passed on April 3, by SDM, Tehsil Ram Sanehi Ghat, Barabanki
2. To guide the nearby specialists to reestablish the mosque which has been destroyed and permit the council of the executives to remake the Mosque over the land being referred to.
3. To coordinate the cessation of the utilization of the spot of Masjid, the waqf land and property as initiated as "Swatantrata Sangram Samarak Bal Udhayaan" and direct evacuation of unlawful trespass.
4. To coordinate the State of Uttar Pradesh to pay amount of Rs. 25 lakh to the candidate for settling costs for remaking of the said Mosque.
5. To coordinate the State of Uttar Pradesh to make a proper move against Divyanshu Patel, SDM of Ram Sanehi Ghat, Barabanki.
The request by the Uttar Pradesh Central Sunni Waqf Board has been recorded by Advocate Syed Aftab Ahmed and Advocate Saud Rais has appealed to for the benefit of the All India Muslim Personal Law Board (AIMPLB).