Supreme Court's interim stay on bulldozer action in Rajasthan's border districts, struggle for protection of constitutional rights will continue: Maulana Mahmood Madani
Awaz E Bihar••23 views•4 min read
The Supreme Court today provided significant interim relief to the affected individuals in the case of ongoing demolition drives against mosques, madrasas, dargahs, houses, and other structures in Rajasthan's border districts, while hearing a special petition filed by the Jamiat Ulama-i-Hind. According to the ongoing release, the court, while imposing a stay on all demolition drives against the concerned properties for two weeks, directed the petitioners to approach the Division Bench of the Rajasthan High Court, Jodhpur, with their legal and constitutional points. During the hearing of the petition filed by 40 affected individuals on the instructions of Jamiat Ulama-i-Hind President Maulana Mahmood Asad Madani, senior advocate Kapil Sibal presented detailed and effective arguments on behalf of the Jamiat, while senior advocates Huzefa Ahmadi, Nizam Pasha, Tahir Hakeem, and Advocate-on-Record Mansoor Ali Khan also pursued the case. The hearing took place before a bench of Justices PS Narasimha and Abhay Aradhya. It is worth mentioning that on June 20, 2026, a high-level delegation of Jamiat Ulama-i-Hind visited the affected border districts of Rajasthan, reviewed the ground situation, met the affected families, and collected details of the demolition drives. Based on the delegation's report, around 40 petitions were filed by the affected individuals in the Rajasthan High Court, Jodhpur, while other affected individuals also approached the court individually, resulting in a total of around 60 cases before the court. After the arguments were completed on July 7, the Rajasthan High Court delivered its verdict on July 13, but the Jamiat Ulama-i-Hind approached the Supreme Court as the desired legal relief was not provided. Meanwhile, Jamiat Ulama-i-Hind General Secretary Maulana Muhammad Hakeemuddin Qasmi, Vice President Maulana Qari Muhammad Amin, Jamiat Ulama-i-Hind Rajasthan President Maulana Habibullah Qasmi, and Nazim-e-Aala Maulana Abdul Waheed Khatri, among others, remained in touch with the affected individuals and lawyers. Advocate Tahir Hakeem also represented the Jamiat Ulama-i-Hind in the High Court. During today's hearing, senior advocate Kapil Sibal informed the court that continuous demolition drives are being carried out against houses, mosques, madrasas, and other properties, while notices have been issued to hundreds of religious and residential properties. Any action against a religious site or a citizen's property can only be taken in accordance with the Constitution, law, and principles of natural justice, not through the unilateral exercise of administrative powers. Therefore, if immediate interim protection is not provided, irreparable damage will occur. After hearing the arguments, the Supreme Court imposed an interim stay on the demolition drive for two weeks, clarifying that the concerned High Court is the only one that can conduct a detailed review of the disputed facts in such cases. Therefore, the court directed the petitioners to approach the Division Bench of the Rajasthan High Court, Jodhpur. The court also referred to its historic judgment dated November 13, 2024, and clarified that compliance with the legal procedure, natural justice, and constitutional guarantees is essential in any demolition drive. The court stated that where unauthorized encroachments on public land are proven, action can be taken according to the law, but each case will be examined on its merits, and the concerned High Court will make an appropriate decision in the light of the Supreme Court's guiding principles. Meanwhile, Jamiat Ulama-i-Hind President Maulana Mahmood Asad Madani said that they will approach the Division Bench of the Rajasthan High Court, Jodhpur, as per the court's direction. The Jamiat Ulama-i-Hind will fight the case with full force on every legal forum for the protection of the constitutional and legal rights of the affected citizens, mosques, madrasas, and other religious sites. We are confident that the supremacy of law and justice will be established.