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The bench, headed by Chief Justice Manmohan, reprimanded the Shahi Idgah Managing Committee while questioning, “Who started this? The Minority Committee? This doesn’t make sense at all. Does the Minority Commission even have jurisdiction over this matter?"
Amid the row over the installation of the statue of Rani Lakshmibai, the Delhi High Court on Tuesday remarked, "They offer namaz everywhere; place the statue of Rani Lakshmibai in some corner."
This statement was made during the hearing of a petition filed by the Delhi Shahi Idgah Managing Committee before the Delhi High Court against the installation of a statue of the 'Rani Lakshmibai" inside Shahi Idgah Park.
The bench, comprising Chief Justice Manmohan and Justice Tushar Rao Gedela, while hearing the matter said instead of seeking a court order, the parties should resolve the matter themselves. The bench asserted that "Rani Lakshmibai is not a religious figure."
An irked Chief Justice Manmohan further reiterated that, "Who started this? The Minority Committee? This doesn’t make sense at all. Does the Minority Commission even have jurisdiction over this matter? You don't have jurisdiction, do you?"
In light of this, the counsel for the Shahi Idgah Managing Committee contended before the bench that the issue pertains to the shifting of the statue of 'Maharani of Jhansi' inside Shahi Idgah Park and that statue is currently installed at the Jhandewalan roundabout, North DMC in Karol Bagh.
''The Additional Commissioner, DDA, and Deputy Commissioner are directed to identify at least 3-5 sites where the statue can be relocated." The commissioner is of the opinion that the issue might create a law-and-order situation,'' he added.
The counsel for the Shahi Idgah Management Committee further emphasized that Shahi Idgah Park is a public park and that it organises an international religious event called 'Istibah,' which attracts approximately 50,000 to 60,000 participants. During this four-day event, prayers (namaz) is offered.
In response, Justice Manmohan said, "They offer Namaz everywhere. Get the statue placed in some corner."
However, the counsel appearing for DDA, contended before the bench that the property surrounding Shahi Idgah Park is under the sole jurisdiction of the DDA, and they have been maintaining the property for a long time.
''The area does not even belong to the committee. "Rani Lakshmibai is a national hero, lordship,” counsel for DDA added.
Notably, on 30 September, the same bench led by Justice Manmohan and Justice Tushar Rao Gedela came down heavily on the Delhi Shahi Idgah Managing Committee and demanded the immediate removal of their scandalous pleading that aimed at raising communal tension.
The bench reiterated that, "We are talking about women's empowerment, and Maharani of Jhansi is a national hero. Don't do communal politics from history. The petitioner is using communal politics."
In response, the Muslim body tendered an apology and subsequently withdrew the petition.
The petition filed by the committee had sought directions to prevent civic bodies, namely the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD), from encroaching upon the Shahi Idgah and the surrounding parks and open grounds, claiming that these areas are part of Waqf property.
On 23 September, the single bench of the Delhi High Court remarked, "This petition lacks cause of action," while dismissing the petition against the installation of a statue of the 'Maharani of Jhansi' inside Shahi Idgah Park.
The bench, comprising Justice Dharmesh Sharma, rejected the committee's claim that the entire property belongs to the Shahi Idgah and said, According to the short affidavit from the Delhi Waqf Board (DWB), it is acknowledged by the respondent No. 4/DWB that the rest of the area, i.e., the park surrounding the Idgah's boundary, belongs to the government, i.e., respondent No. 1/DDA, which has been maintaining it for very long."
Referring to the areas surrounding Idgah, the court highlighted that surrounding spaces are under the jurisdiction of the DDA,, noting that they have been maintained by the Horticultural Division-II of the DDA. "It is solely the DDA's responsibility to allocate portions of the land for public use as it deems fit," the court said.
On the other hand, the committee referred to a notification published in the Delhi Gazette on April 16, 1970, which said that the Shahi Idgah is an ancient property from the Mughal period. The open ground surrounding the Idgah is used for offering Namaz and can accommodate around 50,000 Namaz at once.
However, The court questioned the committee's locus standi for filing the present writ petition and said, "This Court does not see how their right to offer prayers or perform any religious rites is being endangered by the installation."
Case Title: Shahi Idgah (Waqf) Managing Committee v. DDA and ors (2024:DHC:7324)
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