Amid tensions over demands to demolish mosque in Uttarkashi, HC issues directives

Uttarkashi: In a significant step, Hindu organisations' continuous agitation for the demolition of a 55-year-old mosque in Uttarkashi, Uttarakhand, has escalated to the Nainital High Court. On Friday, a division bench comprising of Acting Chief Justice Manoj Kumar Tiwari and Justice Rakesh Thapliyal heard a plea connected to the matter.

Following the proceedings, the court issued orders to the state government and the Director General of Police, emphasising the need to maintain regional peace and security.

In a hearing before the High Court's division bench on Friday, senior counsels Dr Kartikey Hari Gupta, Imran Ali Khan, Pallavi Bahuguna, Rafat Munir Ali, and Irum Zeba, representing the petitioners, expressed serious concerns over hate speech directed at Muslims.

"The members of the Sanyukt Sanatan Dharam Raksha Sangh and their associates have engaged in extreme hate speech against Muslims and the mosque," they argued, emphasizing that such actions are in violation of the directions issued by the Hon'ble Supreme Court of India in the case of Ashwini Kumar Upadhyay v. Union of India Others.

The 'Alpsankhayak Seva Samiti' has filed a writ petition asserting that "the Jama Masjid on Bhatwari Road in Uttarkashi was constructed in 1969 on privately purchased land."

The petition further states that "in 1986, the Assistant Waqf Commissioner of Uttar Pradesh conducted an inquiry and confirmed that a mosque existed on Khasra No. 2223, built by members of the Muslim community using charitable funds." Additionally, the Waqf Commissioner’s report certified that "the mosque is actively used by the Sunni community."

The petitioners asserted, "In 1987, the Jama Masjid on Bhatwari Road was officially registered as a Waqf property. However, in September 2024, the Hindu outfit leaders —Jitendra Singh Chauhan, Swami Darshan Bharti, Sonu Singh Negi, Lakhpat Singh Bhandari, and Anuj Walia—who identify themselves as members of the Sanyukt Sanatan Dharam Raksha Sangh and Vishwa Hindu Parishad, began threatening to demolish the mosque.”

The petitioners claim that these leaders have propagated wrong information about the mosque's legality and have used hate speech against the Muslim community.

The controversy surrounding the mosque has prompted a bigger campaign led by the Sanyukt Sanatan Dharam Raksha Sangh, which is calling for the mosque's demolition at the base of Varunavat Mountain. The Vishva Hindu Parishad (VHP) has also announced preparations for a Mahapanchayat on December 1 to support their cause, the New Indian Express reported.

Speaking to TNIE, advocate Imran Ali Khan stated, "We have pleaded before the court citing a Supreme Court ruling in which the Supreme Court has directed that in any case of hate speech, even if there is no complainant, the state authorities shall take suo motu action against the perpetrators of hate speech and register a case under Sections 196 and 197 of the Bharatiya Nyay Sanhita (BNS). If the state authority fails to register a complaint against hate speech, it shall be considered contempt of the Hon'ble Supreme Court of India.”

The issue has already resulted in violence. On October 24, a protest became chaotic as tensions rose, resulting in stone-throwing and police baton charges. The event injured 27 individuals, including nine police officers. In response, officials filed an FIR against 200 unnamed persons, and eight named suspects. Three major organisers were arrested but were granted bail in the district judge's court.