The Supreme Court on Tuesday sought the response of Uttarakhand authorities on a plea for contempt action against them over the demolition of a registered waqf property.The plea has alleged that a dargah in Dehradun was demolished in the intervening night of April 25-26 without any notice despite the assurance given before the apex court by the Centre on April 17 in the matter concerning challenge to the Waqf (Amendment) Act, 2025.”Till the next date of hearing, no waqf, including a waqf by user, whether declared by way of notification or by way of registration, shall be de-notified, nor will their character or status be changed,” the top court’s April 17 order said. The contempt plea came up for hearing before a bench of Justices B R Gavai and Augustine George Masih.Senior advocate Kapil Sibal, appearing for the petitioner, said the religious place was registered as a waqf property in 1982 and was demolished despite the statement made by the Centre before the top court. “We will keep it along with those matters (relating to the Waqf (Amendment) Act, 2025),” Justice Gavai said.The bench issued notice to the Uttarakhand authorities for their response on the plea and posted the hearing on May 15. The apex court would on May 15 hear the challenge to the Waqf (Amendment) Act, 2025. The contempt plea, filed through advocate Fuzail Ahmad Ayyubi, said Dargah Hazrat Kamal Shah was registered as a waqf property with the Sunni Central Board of Waqfs, Lucknow, in 1982.The plea said it was a revered site of religious importance for over 150 years and an undisputed waqf property. “In teeth of the above undertaking as recorded in the order dated April 17, the respondents/alleged contemnors have demolished the dargah in question in the dark of the night without even granting an opportunity of hearing or any notice,” the plea said.It claimed that the offending action was undertaken on a drive conducted by the authorities in Dehradun. The plea also referred to the apex court’s November 13, 2024 verdict which laid down pan-India guidelines and barred demolition of properties without a prior showcause notice and 15 days’ time to the aggrieved party to respond.Referring to a media report about a statement given by the Uttarakhand Chief Minister, the plea said it was stated that the state would “investigate” 5,700 waqf properties and their records. It alleged that the action of the state officials was in direct contravention of the April 17 order which recorded the statement given by Solicitor General Tushar Mehta, who was appearing for the Centre in the matter related to the Waqf (Amendment) Act, 2025. The plea sought contempt action against the concerned officials for allegedly disobeying the undertaking as recorded in the April 17 order passed by the top court.
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