Uttarakhand HC Orders Security, Flays Hate Speech on Uttarkashi Mosque

The Uttarakhand High Court has intervened in the ongoing controversy over the Jama Masjid in Uttarkashi, directing authorities to ensure security around the mosque and take strong action against the rising tide of hate speech and threats of demolition. The dispute, which has pitted local right-wing groups against the mosque, has escalated tensions in the region, prompting court intervention to maintain law and order.

On November 22, a division bench of Acting Chief Justice Manoj Kumar Tiwari and Justice Rakesh Thapliyal heard a petition (WPCRL/1275/2024) filed by the Alpsankhayak Seva Samiti (ASS), a minority organization. The court directed the District Magistrate (DM) and Superintendent of Police (SP) in Uttarkashi to provide stringent security for the mosque, which has been targeted by right-wing groups alleging its illegal construction. These groups have called for a Mahapanchayat (community gathering) on December 1 to demand the mosque’s demolition.

In its oral observations, the High Court emphasized that India is a country governed by the rule of law, not a theocracy. “No one should indulge in hate speech or threats of destruction,” the bench remarked, as Times of India reported.

Background

The row over the mosque dates back to September 2024 when members of the Sanyukt Sanatan Dharam Raksha Sangh, along with other right-wing groups, organized a rally in Uttarkashi demanding the mosque’s removal. They alleged that the mosque was illegally constructed on government land. The protests led to violent clashes between demonstrators and police, with at least four officers injured during a November 3 rally. Police had to resort to lathi charges and flag marches to restore order.

In their petition, the ASS, through its president Mushraf Ali and Istiak Ahmed, highlighted the mosque’s historical and legal status. The petitioners claim that the mosque was built in 1969 on land purchased by Istiak Ahmed’s father, Yasim Beg, and was later registered as a Waqf property in 1987 following a notification by the Uttar Pradesh Waqf Commissioner. The mosque, located near Varunavat Mountain, has been a place of worship for the Sunni Muslim community for over five decades, as Times of India reported.

However, the protests have centered on the assertion by right-wing leaders that the mosque’s construction was illegal and it should be demolished. Leaders of the Sanyukt Sanatan Dharam Raksha Sangh have spread claims that the mosque was unlawfully built on government land. These allegations have fueled the demand for its demolition, despite the mosque’s legal recognition as a Waqf property.

The ASS petition, filed in response to these demands, has raised concerns over the safety of the mosque and its worshippers. The petitioners argue that the local authorities have failed to protect the mosque from threats and acts of violence, forcing them to seek judicial intervention.

The High Court’s intervention came after a series of violent incidents linked to the protests. On October 24, a rally organized by the right-wing groups turned violent, leading to stone-pelting and police baton charges. At least 27 people, including nine police officers, were injured during the confrontation. The police subsequently filed an FIR against 200 unidentified individuals and arrested key organizers, who were later granted bail.

Direction to maintain law and order in, and around the mosque

In addition to calling for heightened security, the High Court urged the state to take explicit direction from the Director General of Police (DGP) to maintain law and order. The court has scheduled a fresh hearing for November 27, at which further actions to address the growing tensions will be discussed.

The bench directed that “In the meantime, respondent nos. 2 & 3 are directed to maintain law and order in, and around, the place of worship mentioned in the Writ Petition, and to ensure that no untoward incident happens by any person till the next date of listing.”

The petitioners have also emphasized the violation of the Supreme Court’s guidelines on hate speech. As reported by The Indian Express, advocate Imran Ali Khan, representing the petitioners, argued that the hate speech against Muslims and the mosque by the protestors was a direct violation of the Supreme Court’s directive in the case of Ashwini Kumar Upadhyay v. Union of India. The Supreme Court had ruled that authorities must take suo motu action against hate speech, even in the absence of formal complaints, and register cases under Sections 196 and 197 of the Indian Penal Code.

The rising tensions have also attracted national attention, as the issue strikes at the heart of ongoing debates over religious tolerance, freedom of worship, and the rule of law in India. The Uttarakhand High Court’s ruling is seen as a critical stand in upholding these values and ensuring that religious communities are protected from violence and intimidation.

As the court proceedings continue, all eyes will be on the government’s response and its ability to maintain peace in the region. With the Vishwa Hindu Parishad (VHP) also planning to participate in the Mahapanchayat on December 1, the coming weeks will be crucial in determining whether the state can quell the rising unrest and ensure the safety of the mosque and its community members. However, the challenge now lies in the hands of the state authorities to act decisively and prevent further escalation.

The Uttarakhand High Court order dated November 22, 2024 can be accessed here