'Mughal-era mosque in Delhi’s Mehrauli is protected monument': Centre tells Delhi High Court in Waqf board's plea alleging halt on prayers
Justice Manoj Kumar Ohri was hearing a petition filed by the Wakf Board relating to the mosque within the “Qutub Complex”, but outside the “Qutub Enclosure”.
The Centre on Monday told the Delhi High Court that the Mughal-era mosque in Delhi’s Mehrauli is a “protected monument”, and sought time to file a written response to Wakf Board’s plea alleging halt on prayers at the mosque near Qutub Complex.
Justice Manoj Kumar Ohri was hearing a petition filed by the Wakf Board relating to the mosque within the “Qutub Complex”, but outside the “Qutub Enclosure”.
The counsel for the Center contended that a case concerning the mosque is also going on before the Saket Court. On the contrary, the Wakf board's managing committee, represented by Advocate M Sufian Siddiqui, stated that those proceedings concern a different mosque.
Siddiqui urged the court to hear the case as early as possible, stating that the mosque has remained shut for prayers since May.
Accordingly, Court listed the matter for further hearing on September 12.
Earlier, on July 13, the court granted the Archeological Survey of India (ASI) time to respond.
The instant plea seeks authorities to be refrained from interfering with the performance of 'namaz' at the mosque in question.
The plea further seeks that the court should intervene to ensure that there is no disruption of public order while prayers are offered every day without violating law and order. The use of the temporary mosque for worship is not causing any defacement or harm to the nation's heritage, the plea states.
"Denying Muslims the opportunity to offer namaz in the present mosque is a form of violence and a violation of cultural liberty," the plea further adds.
Furthermore, the Plea adds, "ASI, concerning the mosque in question, has no legal authority to regulate, let alone stop, the gathering of worshippers at the mosque in question." As a result, the ASI's contested action lacks legal support and is legally untenable. Furthermore, the contested action is ex-facie without legal authority and illegal."
Case Title: Managing Committee of Delhi Wakf Board v. Union of India & Ors.
[Source: TOI]