Case Title: Mehfooz Ahmed vs Anand Bardhan & Ors., Diary No. 24261-2025
The Supreme Court of India on Monday issued notices to top Uttarakhand Government officials in response to a contempt petition that alleges the unlawful demolition of a registered Waqf property—Dargah Hazrat Kamal Shah—in Dehradun. The demolition is claimed to have occurred despite a categorical assurance made by the Union of India to the apex court on April 17, 2025, stating that no Waqf’s character or status would be altered until the next hearing in the matter involving the Waqf Amendment Act, 2025.
A Bench comprising Justices B.R. Gavai and A.G. Masih passed the order after hearing arguments advanced by Senior Advocate Kapil Sibal, appearing on behalf of the petitioner. The Court has directed that the matter be tagged with the batch of petitions challenging the constitutional validity of the Waqf Amendment Act, 2025.
Contempt Notice Issued to Uttarakhand Officials
The Court has issued contempt notices to the following officials:
-
Anand Bardhan, Chief Secretary, Uttarakhand
-
Savin Bansal, District Magistrate, Dehradun
-
Pratyush Singh, City Magistrate, Dehradun
-
Namami Bansal, Municipal Commissioner, Dehradun
These notices were issued in light of the alleged violation of the Union’s assurance submitted by Solicitor General Tushar Mehta on April 17, where it was undertaken that:
“Till the next date of hearing, no Waqf, including a Waqf by user—whether declared by way of notification or by way of registration—shall be de-notified, nor will their character or status be changed.“
Allegations of Illegal Demolition
The petitioner, Mehfooz Ahmed, alleges that the historic Dargah was demolished by bulldozers during the intervening night of April 25–26, 2025, without any prior notice, warning, or show cause process. It is contended that the demolition was carried out under the false pretext of unauthorized construction, despite the Dargah’s registration as Waqf property in 1982, its notification in the Official Gazette on March 29, 1986, and its inclusion in the Waqf Asset Management System of India.
According to the petition, the action appears to have been taken pursuant to a frivolous complaint filed on the Chief Minister’s public grievance portal.
Chief Minister’s Statement and Broader Context
The petitioner refers to a recent statement by Uttarakhand Chief Minister Pushkar Singh Dhami, reported by Hindustan Times, which mentioned that the state would conduct a comprehensive investigation into 5,700 Waqf properties to identify potential encroachments and take strict action wherever necessary.
Violation of Supreme Court’s Demolition Guidelines
In support of his plea, the petitioner has also relied on the Supreme Court’s November 2024 judgment related to demolitions via bulldozers. In that ruling, the Court held that no demolition should be carried out without prior show cause notice, returnable either within the timeframe prescribed by local municipal laws or within 15 days from the date of service—whichever is later. The judgment further emphasized that even when a demolition order is not contested, adequate time must be given to vacate the premises.
Petitioner’s Stand
The petitioner contends that the overnight demolition was executed in blatant disregard of both the Union’s undertaking and the law laid down by the Supreme Court. He asserts that the Dargah is a revered religious site, serving the community for over 150 years, and that all relevant legal documents substantiating its status as a Waqf property are in his possession.
He further argues that the incident reflects a constitutional crisis in which assurances made by the Union to the Supreme Court are not being honored by state authorities. The petitioner, therefore, seeks initiation of contempt proceedings against the named Uttarakhand officials.
The petition has been filed through Advocate-on-Record Fuzail Ahmad Ayyubi.
