Gareeb Nawaz Masjid Demolition : Mosque Committee Moves Allahabad High Court To Quash FIR Over 'The Wire' Report

The FIR in question was registered against them & news portal, The Wire and its two journalists, who are associated with the Portal for their report on the alleged Gareeb Nawaz Mosque illegal demolition (Ramsanehighat, Barabanki) issue in Uttar Pradesh.

The FIR names Mohammad Anees, secretary of the mosque committee, and Mohammad Naeem, one of the local residents, as in the video, The Wire journalists were seen speaking to them. The FIR had been lodged on the basis of a complaint lodged on a complaint filed by Mahendra Singh.

Uttar Pradesh Police Register FIR Against The Wire, 2 Journalists For Their Report On Gareeb Nawaz Mosque Demolition

 The FIR alleges that the Journalists, intentionally, to spread 'animosity in society' and 'disturb communal harmony, uploaded the video on Twitter regarding the legal demolition of an 'illegal building" (mosque).

The FIR doesn't use the word Mosque (Masjid), rather calls it an Illegal Building/Structure and avers that the same was demolished legally.

The FIR further states that baseless statements have been given in the video and it had been stated that the administration/police threw the religious books associated to a particular religious community in the river and drain, which is not correct.

The plea has been filed through advocate Saud Rais, submitting that the allegations in the impugned First Information Report are absolutely false, baseless and concocted.

"That the right to freedom of speech and expressions as guaranteed under Article 19(1)(a) of Constitution of India is a fundamental right and by lodging the impugned FIR opposite parties are trying to curb this right in gross violation contravention of the Supreme Court's ruling In in Romesh Thappar v. State of Madras, in which the top court held that there can be no doubt that freedom speech includes freedom of propagation of ideas, and that freedom is ensured by freedom of circulation," the plea avers.

Further, the plea avers that in this particular case, liberty of the citizen of India is threatened with dire consequences and is a perfect example of the policy of "Carrot and Stick" of the local administration of Barabanki district.

The plea specifically states that no offences under sections 153/l53A/505(l)(b)/l20- B/34 of the I.P.C were made out against the petitioners.

Prayers in the plea:

• Quashing of the impugned F.I.R., registered against the petitioners
• Direction to the respondent not to proceed, prosecute, or arrest the petitioners on the basis of the impugned F.I.R. registered against them

The Allahabad High Court has issued show-cause notice to SHO, Ram Sanehi Ghat to explain as to why contempt proceedings should not be initiated against him for passing the order for demolishing of Gareeb Nawaz Masjid in violation of the High Court's directions that any order of eviction or demolition shall remain in abeyance till 31st May in wake of the covid 19 pandemic.

A single-judge bench comprising of Justice Ravi Nath Tilhari observed thus:

"From the averments made in the contempt petition as also the submissions advanced, prima facie, it appears that the demolition of the mosque in question on 17.05.2021 by respondent No. 2-Station House Officer, Ram Snehi Ghat, Tehsil and District Barabanki, as stated, is in violation of the directions No. 4 and 5 of the order dated 22.04.2021 passed in P.I.L. No. 564 of 2020."