Shimla mosque row: Whose right is it to demolish any part, or to deny it?

Two Muslim bodies in Himachal Pradesh are divided over the demolition of three allegedly unauthorised storeys of the disputed mosque located in Sanjauli.

The Shimla Municipal Commissioner's court had on 5 October ordered demolition of the three new storeys of the five-storey mosque. It gave two months' time to the Waqf Board and the president of the mosque committee to execute the orders.

Now, the All Himachal Muslim's Organisation (AHMO) has said it will challenge the order in the court of the appellate authority and go to the Supreme Court if necessary, while the Sanjauli mosque committee has already given its nod for demolition of the portions in contention.

The municipal commissioner's court had also observed that the mosque committee had itself offered to demolish the unauthorised portion.

On 12 September, a day after 10 people were injured during a protest demanding demolition, the Muslim welfare committee gave a representation to the municipal commissioner asking to seal an unauthorised portion of the Sanjauli mosque and said they would themselves demolish this portion.

On Wednesday, 9 October, however, the AHMO state spokesperson, Nazakat Ali Hashmi, in a statement issued in Shimla, said a meeting of the members unanimously concluded that those who gave an undertaking to demolish the unauthorised storeys of the mosque had no authority to make any such submission and the orders passed by the municipal commissioner's court are contrary to the facts.

He maintained that the land belongs to the waqf board. The mosque is 125 years old and the unauthorised storeys are not illegal. The approval of maps is lying with the authorities but the municipal commissioner's court ordered demolition of the storeys, he added.

Hashmi claimed the commissioner's court passed the orders on the basis of an application from some individuals and did not bother to ascertain the owner of the land, the stakeholders, those who are authorised to demolish the structure and those who are authorised to plead the case.

"We will appeal in the court of the appellate authority after we receive the certified copy of the order and will go to the Supreme Court if necessary," he added.

Referring to the mosque committee members, Hashmi claimed those who gave the representation that was made the basis for passing the order were neither authorised by the Waqf Board nor they were office-bearers of any Muslim organisation.

"It was their personal opinion and the Muslim community does not agree with it," he said.

The Sanjauli mosque committee president, Muhammad Latif, who was a part of the delegation that submitted the representation, meanwhile, asked on Thursday, 10 October, asked who are these people holding meetings.

"We had already offered to demolish the unauthorised floors of the mosque on 12 September and we have no objection with the order and we stand [behind] our words," he said, and added that an enquiry should be held as to who is behind such committees.

Meanwhile another AHMO member, Mohammad Afzal, said Latif is a former president of the committee and has nothing to do with it at present and it could be his personal opinion.