Supreme Court Issues Contempt Notice Over Kushinagar Mosque Demolition

The Supreme Court on Monday issued a contempt notice to the district magistrate of Kushinagar, Uttar Pradesh, for allegedly demolishing part of a mosque in violation of a prior court ruling. The court had previously ruled in November 2024 that no demolitions should take place anywhere in the country without prior notice and an opportunity for a hearing.

A bench consisting of Justices Bhushan R Gavai and AG Masih has also ordered the district administration to halt any further demolition activities until the next hearing on March 18.

Petitioners Challenge Demolition

The petitioners in the case argued that the mosque stood on private land and had been legally sanctioned by municipal authorities in 1999. They also highlighted that an earlier attempt to revoke this sanction had been overturned by the high court nearly 20 years ago.

Senior counsel Huzefa Ahmadi, representing petitioner Azmatunnisa, who had reportedly donated land for the mosque, informed the court that a subdivisional magistrate (SDM) had inspected the site in December 2024. The inspection confirmed that the mosque was constructed according to the sanctioned plan and that any unauthorized structures had already been removed by the petitioners.

Supreme Court’s Strong Response

The court was firm in its stance, stating:

“It is submitted that in these premises, the demolition which was made is in egregious contempt of the directions issued by this court. Issue notice as to why proceedings for contempt should not be initiated against the respondent (DM),” the bench said in its order.

Legal and Communal Implications

The Supreme Court’s intervention in the Kushinagar case comes amid broader concerns raised by Muslim litigants over selective targeting of their places of worship in demolition drives. The controversy is not limited to Uttar Pradesh, as a similar case in Gujarat’s Somnath district, where multiple Muslim shrines and properties were demolished, is also pending before the top court.

This legal battle takes place against the backdrop of rising litigation by Hindu groups seeking to reclaim sites they believe were originally temples but were later converted into mosques or other religious structures. High-profile cases such as the Gyanvapi mosque dispute in Varanasi and the Shahi Eidgah case in Mathura have intensified communal and political tensions.

Additionally, litigation has now expanded to religious sites such as the Ajmer Dargah in Rajasthan and mosques in Sambhal and Badaun in Uttar Pradesh. The legal battles over places of worship across India continue to unfold, reflecting deep-rooted historical and religious disputes.

Supreme Court’s Previous Directive

In a significant move on December 12, the Supreme Court intervened to prevent courts from entertaining new lawsuits or approving surveys of mosques to investigate whether temple structures lie beneath them. This ruling was aimed at controlling the surge in litigation surrounding religious sites and maintaining communal harmony.

As the legal proceedings continue, the Supreme Court’s role in shaping the future of such disputes remains crucial, with its decisions carrying significant legal and social implications.