Saharanpur mosque demolition illegal, unconstitutional: Naeem Qureshi

Azad Samaj Party's Naeem Qureshi termed the Saharanpur mosque demolition 'illegal and unconstitutional,' alleging the administration bypassed a Supreme Court stay order and the Waqf Act, 1995, showing bias against a particular community.

Mosque Demolition Termed 'Illegal and Unconstitutional'

Azad Samaj Party national spokesperson Naeem Qureshi on Sunday termed the demolition of a mosque in Saharanpur as "illegal and unconstitutional," alleging that the local administration bypassed the law and ignored Supreme Court directives to carry out the action. Speaking to ANI, Qureshi said, "It is illegal; it is unconstitutional. What is deeply regrettable is that on such sensitive matters, court rulings are emerging in which there is no justice in which bias is far more evident, and hatred is far more evident. Waqf No. 451, Collectorate Mosque, is registered with the UP Sunni Central Waqf Board. People across India can log in to the UMEED portal and verify this as an open challenge."

Legal Violations Alleged

He further argued that the administration violated a stay order from the apex court. "Furthermore, there is a stay order from last year by the Honourable Supreme Court of India stating that Waqf-registered properties and 'Waqf by user' properties cannot be demolished, and no such case can lie in any lower court. How, then, did the City Magistrate issue a notice under the Public Premises (Eviction) Act?" he questioned.

Qureshi cited Section 85 of the Waqf Act, 1995 and asserted that that any dispute regarding Waqf land must be decided by the Waqf Tribunal, not the local administration or a District Judge. "This entire procedure is illegal. The Honourable District Judge of Saharanpur did not have the authority to declare that 'this is not Waqf land.' For that, Section 85 of the parent Waqf Act, 1995, clearly states that if there is a dispute over whether a property belongs to the Waqf, the government, or private individuals, the decision must be made by approaching the Waqf Tribunal. You discarded the Constitution, the law, and even this provision passed by Parliament," he alleged.

'War Against a Community'

“Therefore, justice was nowhere to be seen. Justice is not visible anywhere in this matter. And considering the extreme haste with which this order was executed, followed by the demolition—and who knows what else will unfold—remains to be seen. It appears as though the Central Government and the UP Government are in a practical state of war against a particular community,” Qureshi added.

Chandrashekhar Azad to Lead Movement

He further stated that the party's National President and Nagina MP, Chandrashekhar Azad, would lead the movement against this demolition.

The remarks came after the Saharanpur Collectorate mosque was demolished early Saturday following a court order upholding its removal. The District Judge's court on September 4 dismissed the mosque committee's appeal and upheld the City Magistrate's earlier order.

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