Shimla Court Upholds Order to Demolish Sanjauli Mosque, Sparks Debate Over Bias and Legal Options
Shimla, October 30: The Shimla District Court has upheld the municipal commissioner’s earlier order declaring the Sanjauli mosque illegal and directing its demolition — a ruling that has reignited local tensions and drawn strong reactions from both community leaders and civic groups.
The verdict, delivered on Wednesday, reaffirms the May 3, 2024 order issued by the Shimla Municipal Commissioner, which found the structure in Sanjauli to be built without valid authorisation. The court’s decision clears the way for municipal authorities to begin demolition proceedings.
HPDSS Welcomes Verdict, Calls It ‘Historic’
The Himachal Pradesh Devbhoomi Sangharsh Samiti (HPDSS), which had long campaigned for action against what it called an “unauthorised structure,” celebrated the verdict as a victory for the rule of law.
“This is a moment of joy for Shimla and its residents,” said HPDSS convener Bharat Bhushan, who described the decision as “historic” and reflective of the people’s determination to uphold legality.
Bhushan, however, criticised reports suggesting that the mosque committee might approach a higher court, calling the move “hypocritical.” “For years, we stood ready to clear the illegal structure ourselves. Now, after losing in court, they are speaking of filing appeals,” he said.
Allegations of Bias and Police Inaction
The HPDSS leader also accused the state government and police of bias, alleging that authorities had been selective in their actions. “The police have failed to identify illegal infiltrators but continue to target those who speak against encroachments,” Bhushan claimed, adding that recent protests had been met with water cannons and lathi charges.
He described the administration’s handling of the issue as “pro-cleric” and said that those who sought legal action against the illegal construction were being unfairly treated.
Legal Standpoint and Next Steps
Advocate Jagatpal, representing the Hindu side in the case, confirmed that the District Court had “fully upheld” the municipal commissioner’s earlier decision, leaving “no stay” on the mosque’s demolition.
He noted that, under Section 253(3), the Sanjauli Mosque Committee cannot file a traditional appeal but may choose to move a writ petition in a higher court. “They were given 14 years to present their case but failed to do so,” Jagatpal said. “Now, attempts are being made to mislead people about the legality of the ruling.”
Municipal officials are expected to receive a memorandum from HPDSS urging immediate enforcement of the court’s directive. The civic body has yet to issue an official timeline for the demolition process.
What Lies Ahead
The court’s verdict has once again placed the spotlight on illegal construction disputes in Shimla, an issue that has long divided residents between calls for strict enforcement and appeals for leniency on religious grounds.
While supporters of the ruling view it as a long-overdue assertion of law, others believe the situation requires sensitivity and dialogue to prevent escalation.
As of now, the Sanjauli mosque remains standing — but with the court’s ruling clearing the last major legal hurdle, its future appears uncertain.