Hawzah News Agency- Naqvi, who serves as General Secretary of the All India Shia Personal Law Board (Majlis-e-Ulama-e-Hind), said the use of bulldozers to raze the mosque raises serious questions about the rule of law, constitutional values and the accountability of executive authorities.
Law must be enforced within legal framework
The cleric stressed that while the government has the lawful authority to demolish or relocate any structure through proper legal channels, no official or law enforcement agent responsible for upholding the law can place himself above it.
He noted that even a deadline set by the court was reportedly disregarded, further underscoring the need for a thorough and comprehensive review of the incident.
"If the demolition was carried out pursuant to a judicial order, it must be clarified which authority issued the written demolition order, who approved it, who authorized the use of government machinery, and which official commanded and bore responsibility for the operation," Naqvi said.
Call for publication of judicial order
The cleric insisted that merely claiming the action was taken in compliance with a court ruling is insufficient to clarify the matter. The text and original judicial order must be made public, and the manner of its execution must be fully examined.
"It must be determined whether the action was carried out strictly within the scope of the court's ruling or whether measures were taken beyond its provisions," he added.
Demand for impartial probe into officials' conduct
Referring to the role of administrative and police officials in Saharanpur, Naqvi called for an independent, impartial and high-level judicial investigation into the conduct of all officials connected with the case.
He said no official should be presumed guilty before an investigation is conducted, but equally, holding a government position must not confer immunity from scrutiny. Any official involved in the process must be examined under the law without discrimination.
Equal application of law stressed
Naqvi emphasized that opposition to the mosque's demolition does not amount to support for illegal construction.
"We do not support any illegal construction. If a structure was built in violation of the law, action should be taken according to legal procedures. But if the law itself was ignored during its enforcement, the responsible officials and agents must also be held accountable," he stated.
He questioned why uniform legal standards are not applied to religious structures and places of worship located on premises of certain government offices, along highways and in other public spaces.
Appeal to top national authorities
Naqvi announced he would pursue the matter through the Supreme Court of India, the Allahabad High Court, the Prime Minister's Office, the President's Office, the Uttar Pradesh state government and the state governor's office, demanding an independent investigation into the incident and scrutiny of the responsibility of relevant officials.
He stressed that if investigations reveal any official exceeded constitutional and legal authority, abused power or committed an offense, a criminal case must be filed, and upon conviction in court, proportionate legal punishment must be imposed.
Issue beyond demolition of a building
The cleric said the matter extends beyond the destruction of a building and its walls, raising a fundamental question about the rule of law in the country.
"The question is whether the law is supreme in India or the arbitrary will and conduct of those enforcing it. Our demand is justice within the framework of the Constitution. If an official or officer is found guilty, his administrative position must not obstruct the enforcement of law; his conduct must be examined before the law," Naqvi declared.
Key demands outlined
Naqvi presented a series of demands regarding the case, including:
- The original written demolition order be made public
- The number, date and name of the issuing and signing authority be transparently disclosed
- The complete administrative file, correspondence and official memoranda related to the action be preserved and reviewed
- CCTV footage and videos of the demolition operation be preserved and examined if necessary
- Orders regarding the use of dump trucks and other government machinery be reviewed, clarifying under what authorization they were deployed
- Orders concerning the deployment of police and other forces, along with related records, be released and examined
- The role of all officials, agents and personnel involved in the operation be independently and impartially investigated
- If abuse of authority or violation of law is proven, a criminal case be registered against the responsible official and legal action taken
- If guilt is proven in court, the offender be punished according to law
- If administrative corruption or serious irregularities are established, decisive and proportionate disciplinary and administrative measures be taken against the responsible officials
Your Comment