Shimla’s Additional District and Sessions Judge Praveen Garg on Saturday dismissed the plea of All Himachal Muslim Organisation (AHMO) challenging the October 5 order of the Municipal Commissioner (MC)’s Court to demolish three “illegally” built storeys of Sanjauli mosque.
The Muslim body had also challenged the authority of Mohammed Latif, president of Sanjauli mosque committee, who on September 12 submitted before the Shimla MC Commissioner Bhupender Attri that the committee is ready to demolish the illegal part of the mosque.
“The court has dismissed our plea. We are yet to receive copy of the detailed order. After reading the order, we will decide the further course of action,” said Advocate Vishav Bhushan, who represented AHMO.
Latif, who was present in the court when the decision was announced, said: “The mosque committee is bound to demolish the illegal structure. We have demolished one floor. However, the demolition work was stopped due to shortage of labour. We have informed the court of the MC Commissioner in writing about the same. We informed the court of MC Commissioner that demolition work will be completed after March, 2024. There is a time frame from the side of Himachal Pradesh High Court for demolishing all illegal structures by December 20.”
AHMO spokesperson and petitioner Nazakat Ali Hashmi had filed his plea in the court on October 29, alleging that the affidavit submitted by Latif to the commissioner was illegal. It was claimed that the affidavit submitted by Latif was filed without the consent of the committee.
On November 6, the court declined to stay the commissioner’s decision but sought the records of the decision. On the same day, residents applied to become a party to the case, and the court sought responses from other parties by the next hearing.
On November 11, the petitioner and the Waqf Board argued that the local residents did not represent any society or organisation. On November 14, the court dismissed the local residents’ application to join the case based on locus standi.
On November 18, the court directed the Waqf Board to respond regarding the authorisation of the Sanjauli Mosque committee and its president.
On November 22, the Waqf Board submitted an affidavit concerning the Sanjauli Mosque committee, and maintained that Latif is the president of Sanjauli Mosque committee in their record.