In a significant development, the District Court in Shimla on Thursday dismissed two appeals filed by the Himachal Pradesh Waqf Board and the Sanjauli Mosque Committee, upholding the orders of the Shimla Municipal Corporation (MC) Commissioner’s Court to demolish the entire structure of the disputed Sanjauli mosque. The decision effectively endorses the May 3 ruling of the Commissioner’s Court, which had declared the construction illegal and directed that the mosque’s lower two floors be razed.
Additional District and Session Judge Yajuvender Singh delivered the verdict after reserving it on October 6, following detailed arguments from both sides. The Waqf Board had approached the District Court on May 17, challenging the Commissioner’s order, which described the mosque as an unauthorised structure built in violation of municipal laws.
Mohammed Latif, president, Sanjauli Mosque Committee, who moved the appeal along with Himachal Pradesh Waqf Board, told The Indian Express, “We will challenge the decision of district courts Shimla in the Himachal Pradesh High Court. We have valid grounds on which the mosque can’t be demolished completely”.
He added that the land where the mosque stood belongs to the Himachal Pradesh Waqf board. “Some of the floors were illegal and we ourselves demolished those floors following the orders of the court of MC Commissioner.”
“The Shimla Municipal Corporation couldn’t run away from its negligence. When the proceedings were going on, the corporation served the summons to those, who have nothing to do with the mosque. We will present all the facts in the high court.”
Advocate Jagat Pal, who is representing Resident Welfare Society Sanjauli, which moved the plea of demolition of the mosque, said, “Today’s decision confirmed the order of the court of MC Commissioner. The entire mosque is illegal. The waqf board and the mosque committee have to demolish the entire structure. We welcomed this decision. It is the fourth order since the court of MC Commissioner Bhupender Attri announced the demolition of the mosque on May 19”.
The legal proceedings have been prolonged, with the case pending before the MC Commissioner’s Court for nearly 16 years and witnessing over 50 hearings. On May 19 this year, the court issued summons to the president of the mosque committee and the MC Shimla, seeking relevant records. Subsequently, an interim stay was imposed on May 26, which was extended until July 5. The matter was later declared fit for arguments, and extensive hearings were held in August and September before the final order was reserved.
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The controversy surrounding the Sanjauli mosque resurfaced in August this year after clashes between two groups erupted on August 31. The incident triggered a wave of protests by Hindu organisations in the city on September 1 and 5, followed by violent demonstrations in Sanjauli on September 11. The police had to resort to lathicharge and use water cannons to disperse the agitated crowd. The unrest soon spread to other districts, intensifying public attention on the issue. Following September 11 police action, 21 protests demanding the demolition of the mosque took place across the state except for Kinnaur and Lahaul & Spiti districts. Shimla, Kangra, Solan, Kullu, Mandi and Bilaspur districts witnessed the maximum protests wherein approximately 2,400 police personnel were deployed for maintaining the law and order situation.
Amid the tension, the Sanjauli Mosque Committee had appeared before the MC Commissioner’s Court on September 12, offering to voluntarily demolish the mosque’s illegal portions. However, by then, the MC Commissioner had already passed the final demolition order.
