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Muslim body’s plea for stay on Commissioner's order rejected

The district court today dismissed the plea of the All Himachal Muslim Organisation for the grant of stay on the Municipal Commissioner’s Court order to raze the top three unauthorised floors of a mosque in Sanjauli of the state’s capital....
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The Municipal Commissioner’s Court had ordered to raze the top three unauthorised floors of a mosque at Sanjauli in Shimla. FILe photo
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The district court today dismissed the plea of the All Himachal Muslim Organisation for the grant of stay on the Municipal Commissioner’s Court order to raze the top three unauthorised floors of a mosque in Sanjauli of the state’s capital.

Praveen Garg, Additional District and Sessions Judge, while hearing the case, stated that the order passed by the Municipal Commissioner’s Court would remain intact.

In October, the organisation had challenged in the district court the Municipal Commissioner’s Court order of October 5 to raze the top three floors of the mosque within two months. The petitioner, Nazakat Ali Hashmi, in his plea had questioned the role of the Sanjauli Mosque Committee and said that the organisation had donated funds for the construction of the mosque, therefore he was aggrieved to be a party. It was also argued that Muhammad Latif, president of the Sanjauli Mosque Committee, was not an authorised person and therefore, he had no right to offer the top three floors of the mosque to be razed.

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Earlier, the district court had also rejected the application of local residents, requesting to be included as a party in the case. Besides, in October, the Himachal Pradesh High Court had directed the Municipal Commissioner’s Court to settle the matter within eight weeks.

Meanwhile, Muhammad Latif said that they had appealed to the Municipal Commissioner’s Court that due to a shortage of labour, the work to demolish the remaining floors would not likely begin till March. He added that most of the labourers had gone to their native places and the demolition work also depended upon the weather conditions during the winter. However, whatever decision the court takes, they would accept it, he added. He claimed that till now, only one floor of the mosque had been razed.

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