13: The Supreme Court on Tuesday sought a response from the Uttarakhand government on a contempt plea alleging the demolition of a Dargah registered as a Waqf property in Dehradun despite the Centre’s express assurance that no action would be taken under the amended Waqf Act, 2025.

A bench of Justice BR Gavai and Justice Augustine George Masih issued notice to the Uttarakhand government on a contempt application filed in a batch of already pending petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.

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The contempt application has alleged that the Hazrat Kamal Shah Dargah, located in Dehradun, was razed to the ground in the early hours of April 25 by local administration officials — without any notice, legal proceedings, or hearing — in flagrant violation of the top court’s interim protection.

“It is submitted that the Dargah Hazrat Kamal Shah was registered as Waqf Property bearing number 55, Dehradun, with the Sunni Central Board of Waqfs, Lucknow, Uttar Pradesh, in the year 1982, and was also notified in the Gazette dated 29.03.1986. It is further mapped in the Waqf Asset Management System of India (WAMSI) under ID No. UKDD0055,” the plea stated.

The petitioners argued that the demolition constitutes a “clear breach” of the solemn undertaking given by the Solicitor General Tushar Mehta before the top court that no waqf properties would be de-notified, nor will any appointments be made to waqf boards till the petitions challenging the Waqf (Amendment) Act are heard and decided.

The bench took note of the allegation and said the action, if true, would be in direct contravention of the assurance recorded in the court order, warranting a full explanation from the State.

The court had earlier recorded the Union government’s statement that, till further orders, it will not give effect to the contentious provisions of the amended Waqf Act, including those enabling the de-notification of waqf properties and inclusion of non-Muslim members in waqf boards.

The contempt plea will now be heard along with the main petitions challenging the 2025 amendments, which are listed for a detailed hearing before a bench headed by Justice BR Gavai on May 15.

Justice Gavai will be sworn in as Chief Justice of India on Wednesday.