CPIML and Insaaf Manch Fact-Finding Report on Bulldozer Action in Uttar Pradesh’s Terai Region

[ After last Lok Sabha elections, when BJP came second to SP in the Uttar Pradesh, Yogi government along with a whole battery of Sangh outfits has started a vicious communal campaign targeting places of worship of Muslims and Mughal era buildings on the pretext that they were built over the ruins of Hindu temples, brazenly violating Places of Worship Act 1991. A nearly 500 year old mosque in Sambhal was targeted and a survey order was acquired from a lower court to ‘search’ for the remains of a Kalki Avatar temple. This followed a communal gameplan where Muslims were subjected to severe repression and police atrocities leading to the killings of many Muslims and hundreds of them were sent to jail under various criminal charges. Various RSS outfits have made similar claims on hundreds of places of Muslim worship all over the country including the famous Khwaza Moinuddin Chisti shrine in Ajmer. The government in Uttar Pradesh is conducting another campaign more viciously up to the villages and towns by renovating temples located in minority dominated neighbourhoods and encouraging people to go there in large numbers for worship.

Simultaneously propaganda around the Modi government’s Waqf Amendment Bill is also going on, especially by the media, spreading a false narrative that the new amendment will facilitate handing over of Waqf properties to Hindus.

The BJP is desperately trying to further deepen communal divide in the state of UP in order to remain in power. Since last April, a very intense and widespread campaign of demolishing Muslim places of worship and Madrasas has begun which is more intense in Terai region districts of Pilibhit, Lakhimpur Kheri, Baharaich, Shravasti, Balrampur, Siddharth Nagar and Maharajganj. These districts have a sizable Muslim population which poses electoral challenges for the BJP. The demolitions are underway on various flimsy pretexts like non-renewal or non-recognition of Madarasas, lack of documents of places of worship and illegal construction etc. Another reason reported was ‘security concerns’ because they are situated near the Nepal border! The closure of madarsas and bulldozer demolitions are going on a large scale.

This terai region is also known for the rich legacy of Buddha, places like Shravasti and Kapilvastu are revered for their message of peace and harmony for all humankind. But now chief minister Adityanath himself is directly involved in building a polarising political narrative of Gazi Mian versus Suheldev.

A CPIML and Insaf Manch joint team visited Baharaich, Shravasi and Siddharth Nagar districts on 20-22 June to investigate this communal bulldozer campaign. The team consisted of Afroz Alam, Insaf Manch Uttar Pradesh Convenor, Rajesh Sahni, CPIML State Standing Committee member, CPIML State Committee Member Ram Laut and Jamal Khan from Insaf Manch. They were helped by many concerned citizens and local activists. We present here a summarised version of their findings.]

Baharaich: Demolition of Baba Lakkad Shah Shrine

On 20 June the team met Hamza Shafiq, a leader of the Congress party, in his party office. He said the administration started serving eviction notices in the month of April. This followed the visits of District Minority Officer Sanjay Mishra to the madarsas, where he used to threaten Hafiz and Maulavis, teachers in madarasas, asking very annoying questions ranging from ‘Why you teach prayers in the madarasa’ to ‘Why you teach Urdu’. He made videos of these ‘visits’ and posted them on social media hence starting a vicious campaign against madarasas. 

Mihirpurva block under Motipur tehsil and Ruaidiha and Nawabganj under Nanpara saw maximum madarsa closures and demolitions of dargah, mazaar, mosques and madrasas. This region is near India-Nepal border, although some demolitions were also done in Kaisarganj block which is at some distance from the border. 

The fact finding team visited Motipur to meet Md. Shamim and Md. Faizal. They said around 1500 inhabit in a densely populated locality where a 75 year old mosque and a 40 year old madarsa institution is situated along with many temples on a stretch of 92 bigha land, which is barren. The demolition notices are served to the mosque and the madrsa, but not to the hindu temples. Locals have filed a petition in the court against this notice. 

Just five kilometers away from Motipur is Hasuliha village where a mosque and a madarsa stood for more than 50 years. The total population in this village is 500 and the education of about 100 children are taken care of by the madarsa. A notice was served on 22 May, the madarsa was razed to the ground in the presence of a very heavy police presence. Madarsa committee chairperson Shabbir Ahmad says, “The police force was present in such huge numbers that no one dared to oppose the demolition fearing an immediate arrest. The madarsa was bulldozed very quickly. Somehow the mosque is still standing.”

Notices were also given in another nearby village Badhainpurava to the mosque and madarsa both. The madarsa has been closed. One more madarsa was sealed in Darogapurava of Mihirpurava town in Motipur tehsil, while a madarsa in Churva was bulldozed. 

There was a very famous and revered shrine (Mazaar) of Saiyad Hashim Ali Shah @ Lakkad Shah in the jungle after Mihirpurava along with 5-6 other smaller shrines of the followers of this saint. All these shrines were bulldozed to the ground in the dark of night of 8-9 June in presence of large police posse. Here a notice was served on 5 June, and a hasty survey was done on 6 June. It is important to note a civil suit is going on in the High Court for Baba Lakkad Shah Mazaar, but the administration did not care to wait for a matter that is sub-judice. Senior advocate Shakil Kidwai is fighting this case in the court. He said this was a 500 year old place of historic importance and the founder Guru of Sikh religion Guru Nanak himself had given Saiyad Hashim Ali Shah a new name Lakkad Shah. According to the Places of Worship Act 1991, this shrine should not have even been served a notice, let alone the demolition. This was an open violation of the law of the land. 

The team then reached Mihirpurava village in Nanpara tehsil near the Indo-Nepal border. A madarsa was demolished here while the matter was subjudice. Mohammad Salman Khan Asharfi was involved in running this madarsa. He said, “SDM sahab said to us we want to demolish this madarsa, so let us do it. If you object then we’ll demolish the whole basti which is situated on the land of the Gram sabha. And the madarsa was razed.” There was another madarsa in the nearby village Ranjit Bojh which is now closed down. 

Nidhi Nagar village under Panchpakadi panchayat is also not very far and the team also went there. A fifty year old mosque, Kadri Masjid, was bulldozed. Here the notice and bulldozer both came together making a mockery of the law. When people tried to protest, they were told that the government had issued an order to demolish all the mosques near the India-Nepal border. 

The team moved on along the road a little further near the Chakia forest where Sota Shah Baba mazaar once stood along with few other mazaars. Now there are none, all bulldozed. 

Another mazaar of Baba Marha Shah located in this area was also demolished without even serving a notice. 

A hundred year old Eidgah in Rupaidiha is protected under the Places of Worship Act 1991, but was served a notice and now the matter is in the court. A mosque in Nibia village under Sahajana panchayat has also been given notice. A penalty has also been served for a monetary fine of Rs. 6 crore 57 lakhs on the Rupaidiha Eidgah and of Rs. 10 crores on the mosque in Nibia. The tehsil administration has imposed penalties on almost all mosques and madarsas and now pressurising the villagers to demolish mosques and madarsas themselves, else the administration will collect the penalty money from the villagers. 

The fact finding team returned to Baharaich in the evening at the house of Advocate Shakil Kidwai who is looking after the court cases of all above mentioned places. The senior advocate informed that the notices served in all cases are under section 67, which mandates a 15-day time for reply and after that if a decision was reached then another 30 day time period of filing an appeal as per the Supreme Court guideline. This was violated in all cases in the Baharaich district, he said. People were either not given notices under prescribed procedure nor were they given proper time for filing a reply. Moreover, owing to the prevailing atmosphere of fear in many cases people themselves refrained from approaching the judiciary. The administration was using a very disproportionately huge police force and never allowed any kind of opposition or protest to happen. 

Advocate Shakil Kidwai said this is a huge conspiracy going on in the district. The place of worship of popular Sufi saint Hazarat Saiyad Hashim Shah alias Lakkad Shah Baba in the forest of Motinagar is registered in the records of the Sunni Central Waqf Board at the serial number 108. The forest officer of Baharaich conducted demolition of this shrine violating the High Court order in the night of 8-9 June, because on 10 June the next day this was scheduled for hearing in the High Court. 

He also told about the shrine of Saiyad Salaar Masufad Ghazi said to be 1008 years old. Local BJP MP Anand Kumar Gaur is demanding a survey of this place after propagating a narrative that a temple existed at the same place. This Mazar of Ghazi Miah is a symbol of Hindu-Muslim unity and more Hindus came to worship here than the number of Muslims. 

Shakil Kidwai and Aziz Khan, both advocates, have sent a memorandum to the President of India demanding a stop to this communal bulldozer campaign. Shakil Kidwai has also given a complaint in writing to the Superintendent of Police in Baharaich against the defamatory communal remarks made by MP Anand Kumar Gaur on Ghazi Miah. 

Shravasti: Madarsas Under Attack

The team spent the next day 21 June in Shravasti district. In Jamunaha tehsil more mosques, Eidgahs and madarsas were demolished than any other place. Now only two madarsas are running in this tehsil out of nearly 100, the rest are either closed down or sealed by the administration. 

Islamia Darul Huda madarsa in Harvandhapur village is functional. Hafiz of this madarsa Md. Salman Sheikh and a teacher Baba Deen Verma said the closure of such a large number of madarsas is wrong. This has left thousands of children without any education, along with a number of teachers rendered unemployed. Baba Deen Verma further said the madarsas want to renew their registration but the government has refused to do so, and this is not justified. 

The team came to know that the notices have been served to all madarsas and mosques in one single day, on 25 April. The affected people went to meet District Magistrate on 27 April, and also with the concerned officer of minority affairs as well as the SDM of Jamunaha, but to no avail. 

Md Salman Baig told the team “We also went to Lucknow and met with Maulana Rashid Firangi Mahali. He talked to the Chief Minister and also helped us in filing the cases in the High Court. But the bulldozers could not be stopped.”

In Shravasti district 32 madarsas, Eidgahs and Mosques have been demolished till now and 130 madarsas were forcibly closed down without even serving formal notices or sealing orders. In the district there were nearly 300 madarsas of which only 9 are running now, rest have been closed down. 
After serving notices under the Section-67 the Tehsildar rejects all petitions within 4-5 days without any satisfactory hearings and then bulldozers arrive without waiting for a 30 day appeal time. 

The team visited Harbanshpur and then Baghmari where an Eidgah was bulldozed and a fine of Rs. 2 lakhs was also imposed. Later in Hasanpur the team went to the site of the debris where a two story madarsa stood a few days back. This 30 year old madarsa which caters to hundreds of children, was given a notice on 8 May and on 19 June demolition was done. 

The Arabia Islamia Talimul Kuran madarsa has been running since 1975 in Kunda village. Currently there are 128 students in this. Despite the fact that this duly recognised madarsa was built on the land provided by Insan Khan, Mohammad and their brothers, it was demolished forcibly and the ongoing construction of a mosque on the same land was stopped by the police. The manager of the madarsa Hafiz Abdul Kuddus said they have filed a petition in the High Court against these illegal actions. 

A madarsa running in Bangai since 1960 is duly recognised as a school by the BSA office since 1974. The land where madarsa is situated is duly registered in the name of the school. This is the biggest madarsa in Shravasti district with a two story building, 32 rooms and 400 students. The administration claimed this is not recognised by the government and sealed it. The management went to the High Court which ordered on 14 May to open the madarsa, but the seal was somehow taken off only on 28 May, just a day before when the next hearing in the HC was scheduled. 

Maulana Mairaz, manager of a madarsa, told the team, “The tehsildar served a notice on 8 May accusing the madarsa is constructed on navin parti land and imposed a fine of Rs. 3,84,720. On 24 May Tehsildar concluded arguments in his court and gave his judgement against the madarsa. A displacement notice was issued on 28 May and served on 29 May. We appealed in the DM office on 5 June, the proceedings on this appeal were concluded within a week and a decision was made against the appeal. On 18 June the madarsa was bulldozed.” Many villagers including Bashir Ahmad and Narendra Verma expressed their unhappiness over this act. 

Many of them met with the DM demanding a stop to these actions but their appeals were not heard. People also went to local Samajwadi Party MP Ram Shiromani Verma asking for help to stop the bulldozers. The MP said he has sent a letter to Akhilesh Yadav ji informing details of this matter, but did not bother to meet the DM himself or even visit the site of now demolished madarsas. 

People also said CPIML is the first political party to hear their voices and visit the sites of demolitions. 
The fact finding team also visited a madarsa with 300 students, run by Abdul Muhid on his private land in Bangai. This was sealed on 27 April. The Jamia Rajbia Shamshul Uloom madarsa at Haridutt Nagar in Jamunaha tehsil has also been bulldozed. 

Md. Soharab of Ekauna tehsil told the team of 3 madarsas now sealed and almost all other madarsas in this tehsil have been closed after giving notices or even without them. The Eidgah of Ekauna has been demolished. 

A mosque in Bhejpur village under Minaga tehsil was also bulldozed.  

Siddharth Nagar:

The fact finding team reached Etwa and Soharatgarh tehsils in Siddharth Nagar district on the third day. Dr. Shakur Alam and Md. Salim joined them from Etwa. 

At Jhakaiyya Md. Arshad and many others expressed their anger against the bulldozer campaign by the state. 

The team visited Siswan @ Shivmari village situated near Dhebarua police station. A 90 year old mosque and a madarsa running inside it were not only razed to the ground on 12 June, the debris after the demolition was also removed from the spot and the land was made even. Abdul Mobin and Anarullah are involved in the matters of judicial proceedings with respect to this mosque. They said “The 90 year old mosque was demolished calling it illegal construction on government land, but this land is well on records in the 1359 fasli register in the name of Subedar. The mosque was constructed on his private land. Later, when chakbandi was done in the area this was wrongly recorded as a barren land. All records before chakbandi clearly show the existence of the mosque as well as madarsa. But the Tehsildar court, without hearing our arguments, issued a notice of demolition on 7 May. We filed an appeal under the Section 101, which pertains to the land exchange law that allows 1.5 times land in exchange for the existing land where the mosque existed. The Tehsildar court accepted this case hence demolition notice automatically became ineffective as per the law. Without waiting for a decision on the land exchange case the mosque and madarsa were demolished on 27 May. Now villagers have filed a case in the High Court against this brazenly illegal act of the administration.” There is a dalit basti near the mosque. When a member of the fact finding team asked a woman from that basti about her feelings on the demolition of the mosque, she shared her fears saying the land of her basti and the mosque bears the same number on land records and now the whole basti’s existence is also under threat.  

A two story madarsa in Tola Narkatia which has 200 students, was served a closure notice on 11 June. One madarsa with 200 students in Pipra village was demolished on 2 May after serving a notice on 26 April. There is a small temple over the same land but that was neither given a notice nor demolished. People asked Tehsildar why the temple was left untouched, he only replied you give us a complaint in writing only then this can be considered. Village Pradhan Shamshulla, and many others called this a ploy by administration to divide Hindus and Muslims in the village. We don’t want the demolition of both madarsa and mandir, they replied to the officials. 

People in Romin Dei and Mishravalia villages have gone to court against the notices served for two madarsas and a mosque. But in Bijua people were forced to demolish a madarsa after giving them a notice. In Malgahiya a madarsa was also demolished which was running since 1962. 

People contacted SP MLA of Etwa Mata Prasad Pandey who is also the leader of opposition in the Assembly for help. He called on phone some administrative officials but could not stop the demolitions. 

Pilibhit

CPIML leader Afroz Alam said that the bulldozer campaign is also gaining speed in Pilibhit district. Notices have been given to mosques in Bhagawantapur, New Area Mallapur and Dharmangatpur villages in Kalinagar tehsil. One madarsa in Dagga was also given a notice. Villagers have approached the judiciary against these notices. 

In Puranpur tehsil a mosque which was situated on the leased land had to be demolished in Shastri Nagar. Most of the lands are leased lands in this area and there are hundreds of temples and Gurudwaras in this area, but only the mosque was targeted. One mosque in Kabirganj has been served a demolition notice.

CPI(ML) and Insaaf Manch leaders noted that the Yogi Adityanath government is blatantly violating the constitutional rights of Muslims to practice their religion and access education. They demanded the immediate dismissal of Bahraich’s District Minority Welfare Officer for acting with communal bias and called for an end to the campaign against madrasas and religious sites across the Terai districts. They further demanded the immediate lifting of the freeze on madrasa recognition and renewal and called for steps to regularise and support these institutions instead of targeting them.