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Synopsis

The Delhi High Court on Thursday asked the Archeological Survey of India (ASI) to state its policy on allowing prayers by devotees in religious places located inside protected monuments.

Justice Prateek Jalan was hearing a petition against the stopping of prayers by devotees inside the Mughal Mosque which, according to ASI, falls within the category of protected monuments on account of being part of the Qutub complex.

The counsel for ASI said that according to his understanding, "there is no question" of permitting prayers in protected monuments.

However, the single-judge bench said that the counsel’s statement was “perhaps overboard” and asked him to clarify the ASI’s position.

“We will hold ASI to it.. that in all protected monuments all over the country no worship is permitted by any religion. There can’t be different rules for different monuments for different religions unless it is backed up by law.. Let us understand the policy,” the court said.

To this, the counsel for ASI replied, “Let me take instructions on it”. He added that in the instant case, no prayers were ever offered inside the Mughal Mosque ever since it was declared a protected monument.

The court also asked the ASI to produce any records available with it with regard to the issuance of the notification dated January 24, 1914.

Accordingly, the court listed the matter for further consideration on October 13.

Notably, the petitioner had approached the high court last year with the grievance that the officials of the Archaeological Survey of India (ASI) completely stopped the offering of namaz in the Mughal mosque on May 13, 2022, in an “absolutely unlawful, arbitrary and precipitous manner”, without serving any notice or order.

He had sought directions to restrain the authorities from causing any obstruction or interference in the performance of 'namaz' at the mosque in question, that is a waqf property notified as 'Masjid adjacent to Eastern Gate of Qutab Minar, Mehrauli' in Delhi Administration's Gazette Notification. His plea also sought authorities to be refrained from interfering with the performance of 'namaz' at the mosque in question.

The plea further sought that the court intervenes 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 stated.

"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 added. Furthermore, the plea stated, "ASI, concerning the mosque in question, has no legal authority to regulate, let alone stop, the gathering of worshippers at the mosque in question."

Case Title: Managing Committee of Delhi Waqf Board v. Union of Inidia & Ors.