New Delhi: The Supreme Court has ordered that a pre-independence era mosque in Roorkee, Uttarakhand, should not be demolished due to its age. The bench of Justice M.M. Sundresh and Justice Satish Chandra Sharma noted that the structure, referred to as Gafuria Masjid, is “sufficiently old” and deserves protection. At the same time, the Court directed that the mosque must not be used for any religious purposes.
The case reached the apex court after the Uttarakhand High Court dismissed a writ petition filed by the mosque’s representatives. The High Court had upheld a directive from the Assistant Engineer to remove the structure, citing obstruction on public land. The petitioners argued that the mosque existed long before 1947 on land provided by local zamindars and that the state’s 2016 policy on unauthorized religious structures did not apply in this case. They presented a 1973 district plan as supporting evidence. However, the High Court found the documentation insufficient and ruled that no ownership rights had been established.
While hearing the appeal, the Supreme Court observed that the available records, including maps, were vague and inconclusive. Despite this, the judges acknowledged the historical age of the mosque and ordered that it should not be demolished. They also made it clear that the mosque cannot be used for prayers or any religious activity. The Court authorized the Uttarakhand government to act if anyone attempted to enter or use the premises for religious purposes.
