AhlulBayt News Agency (ABNA): Maulana Dr. Kalbe Jawad Naqvi, general secretary of the Majlis Ulama-e-Hind, has called for an independent, impartial and high-level judicial inquiry into the demolition, saying that the manner in which the structure was removed raised serious concerns about the rule of law.
Naqvi said that authorities have the legal power to remove a structure if it is established to be unauthorised, but argued that government officials themselves must remain subject to the law.
“If a structure had to be removed under the law, the government has the authority to take action. But no law-enforcement official can place himself above the law,” he said.
He also questioned whether the demolition was carried out in accordance with the timeline and conditions of a court order. According to Naqvi, the government should make the relevant judicial order public rather than simply describing the demolition as compliance with a court directive.
Among the questions he raised were which official issued the written demolition order, who authorised it, who approved the use of heavy machinery and which officer was responsible for overseeing the operation.
Naqvi stressed that his demand for an inquiry should not be interpreted as a presumption of guilt against any individual official. At the same time, he said that public officials should not be exempted from scrutiny because of their positions.
He said India must be governed by its Constitution and laws rather than by what he described as an “arbitrary” exercise of administrative power.
The cleric also questioned whether the same legal standards are applied to religious structures located on government land, along highways and at other public sites, arguing that the law should be applied uniformly regardless of the religious identity of a structure.
Naqvi said he intended to raise the matter before the Supreme Court, the Allahabad High Court, the Prime Minister’s Office, the President of India, the Uttar Pradesh chief minister and the state governor, seeking an independent investigation and accountability for any officials found to have exceeded their legal authority.
He said that if an investigation establishes evidence of abuse of power, violation of constitutional or legal provisions, or any criminal offence, the responsible officials should face criminal proceedings. Any punishment, he added, should follow a judicial determination of guilt.
Calls for preservation of official records
Naqvi has called for the authorities to make public the original written order authorising the demolition, including its reference number, date and the name and signature of the issuing official.
He also called for the preservation and examination of the complete administrative file and notings related to the decision, as well as CCTV footage and video recordings of the operation.
His other demands include an inquiry into orders authorising the use of JCB excavators, dumpers and other government machinery, along with the deployment records of police and the Provincial Armed Constabulary.
He further called for an independent examination of the roles of all officials and employees involved in the operation and for criminal or departmental action where evidence of unlawful conduct, abuse of authority or serious administrative irregularities is established.
The controversy centres not only on the fate of the demolished structure but also on a broader question raised by Naqvi: whether government authorities themselves are being held to the same legal standards they are required to enforce.
Authorities in Uttar Pradesh have yet to publicly address all of the specific questions raised in Naqvi’s statement.
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