Abstract
The Supreme Court of India addressed a contempt petition, AZMATUNNISA Versus VISHAL BHARDWAJ
AND ORS. Diary No. 8034-2025, regarding the demolition of a mosque in Hata, Kushinagar, Uttar
Pradesh[1][5].
The petitioners, led by Advocate Abdul Qadir Abbasi, alleged that Uttar Pradesh authorities violated a previous Supreme Court judgment by demolishing the Madni Masjid without prior notice or a hearing[1][4].
The court issued a notice to the UP authorities, seeking an explanation for the alleged contempt and ordering a stay on further demolition[1]. Senior Advocate Huzefa Ahmadi argued that the demolition was an “egregious” contempt of court, emphasizing that the structure was on private land with sanctioned plans, and a local official had confirmed the construction’s compliance[1]
Report on AZMATUNNISA Versus VISHAL BHARDWAJ AND ORS.
A contempt petition was filed with the Supreme Court against authorities in Uttar Pradesh, alleging that
they violated a November 13, 2024, judgment that restrained demolition actions across the country
without proper notice and opportunity for a hearing[1]. The petition was filed by Azmatunnisa, with
Advocate Abdul Qadir Abbasi as the Advocate-on-Record[1][4]
The case centers around the demolition of the Madni Masjid, located in Hata, Kushinagar, UP, on
February 9, 2025[1]. The petitioners claimed the demolition was carried out without providing them a
prior opportunity for a hearing, and that the construction said to be beyond the sanctioned plan was
compoundable[1]. They sought action against the authorities for contempt, restoration of the site to its
previous condition, and compensation for damages[1]
Senior Advocate Huzefa Ahmadi, representing the petitioners, argued that the contempt was particularly
egregious because no demolition notice had been issued for the structure, which was located on private
land and had existing sanctions[1]. He also noted that a local Sub-Divisional Magistrate (SDM) had
reported that the construction complied with the sanctioned plan[1].
Ahmadi claimed that the SDM was transferred after the report, and authorities then demolished the structure with police personnel and bulldozers[1]. He further stated that a local politician’s complaint in December 2024, alleging the construction of Asia’s largest mosque, triggered the demolition[1].
The Supreme Court bench, consisting of Justices BR Gavai and AG Masih, issued a notice regarding the
contempt petition and ordered that there be no further demolition of the structure[1]. Justice Gavai noted
that the court had been disposing of similar contempt petitions by directing petitioners to approach the
High Courts[1]. However, Ahmadi argued that the present case involved an “egregious” contempt of the
Court’s judgment[1].
The petitioners claimed that a local politician’s complaint on December 17, 2024, about the mosque being
constructed on state land led to inspections by police and revenue authorities[1]. Despite the SDM’s report confirming that the mosque was on the petitioners’ land and there was no encroachment, the Nagar Palika Hata issued a notice on December 21, 2024, for the removal of new construction[1]. The petitioners alleged that the administration used the politician’s complaint as a pretext to demolish the mosque[1]
The petitioners brought the show cause notice before the High Court and on January 8, 2025, the High
Court instructed the Nagar Palika to rule on their objection within two weeks, and granted a three-week
stay against demolition from the date of objection. The administration allegedly filed a false FIR against
one of the petitioners on January 25, 2025, and demolished the mosque on February 9, 2025, without
making a decision on the petitioners’ objection[1].
Recent Judgement
On February 17, 2025, the Supreme Court issued a notice to Uttar Pradesh authorities regarding the
contempt petition and ordered that there would be no further demolition of the mosque[1]. The Court has asked for a response as to why contempt proceedings should not be initiated against the respondents and the case is returnable in 2 weeks[1].
Krishnapriya Mishra
4th year Law Student at Xavier Law School, XIM University, Bhubaneswar, Odisha
