AIMPLB Delegation Reviews Saharanpur Mosque Demolition, Plans Legal Action
A delegation led by Board Secretary Maulana Dr. Yaseen Ali Usmani Badauni visited Saharanpur to examine the legal and administrative circumstances surrounding the demolition of a mosque at the Collectorate premises.
New Delhi: A delegation of the All India Muslim Personal Law Board (AIMPLB), led by Board Secretary Maulana Dr. Yaseen Ali Usmani Badauni, visited Saharanpur on September 9 to review the circumstances surrounding the demolition of a historic mosque located within the Collectorate premises.
The delegation met people connected with the matter, as well as members of the legal team, to examine issues including ownership of the land, the mosque’s reported Waqf status, administrative action and possible legal remedies.
The delegation included AIMPLB spokesperson Dr. Syed Qasim Rasool Ilyas and Dr. Abdul Malik Mughaisi.
Meetings With Lawyers and Mosque Representatives
During the visit, the delegation met lawyers handling the case at the district level, senior advocates practising before the High Court, Advocate Tanveer Ahmed, who is the mosque’s Mutawalli, and City Qazi Nadeem Akhtar.
The discussions focused on the circumstances of the demolition, ownership of the land, Waqf registration, administrative action and the legal strategy to be followed.
The delegation stressed that the ownership and legal status of the land should be formally established through official records and documentary evidence.
According to information available to the delegation, the mosque is registered with the Waqf Board. However, it said the claim would need to be verified by examining the relevant official records.
The delegation also said that documents relating to land ownership and Waqf registration should be presented before the court during future proceedings.
Questions Over the Demolition
The delegation said that, according to the information currently available, an order of restraint or stay was obtained on July 16 and issued on July 24. The mosque was reportedly demolished on September 2 after the order was withdrawn or cancelled.
The AIMPLB delegation expressed concern that no direct demolition order had apparently been issued by a competent court. It also made clear that the final legal position could only be established after examining judicial records, government documents and other available evidence.
The delegation said the administrative action should be assessed in accordance with due process, property rights, Waqf law and constitutional protections.
It also said the authorities’ jurisdiction and the manner in which their powers were exercised would need to be examined.
Legal Proceedings Before Allahabad High Court
Following its consultations, the delegation decided to pursue fresh legal proceedings before the Allahabad High Court challenging the administrative action.
The legal team is expected to present documents concerning the mosque’s status, ownership of the land, Waqf records, relevant court orders and the actions taken by the administration.
Possible reliefs under consideration include reconstruction of the mosque at the same location, legal action against officials or others found responsible, registration of an FIR if supported by the evidence, determination of land ownership and examination of the relevant Waqf records.
The delegation noted that any final relief would be subject to the decision of the competent court or authority.
Proposal for Permanent Legal Assistance
City Qazi Nadeem Akhtar told the delegation that emails had been sent on the night of the demolition to the Chief Justice of India, the President of India, the Governor and other authorities.
According to him, the communications expressed concern that the administration could demolish the mosque while the matter remained under judicial consideration.
Akhtar also proposed that the AIMPLB establish a permanent legal assistance cell, platform and helpline to provide timely support in future cases involving mosques, Waqf properties and other religious institutions.
Board Promises Peaceful Legal Efforts
AIMPLB Secretary Maulana Dr. Yaseen Ali Usmani Badauni and Board spokesperson Dr. Syed Qasim Rasool Ilyas addressed the media following the delegation’s meetings.
The delegation assured the mosque’s Mutawalli, City Qazi and other affected individuals of legal, moral and organisational support.
The Board said it would continue pursuing the matter through peaceful and constitutional means and use available legal remedies to protect what it described as the rights of the mosque and Waqf properties.