delhi high court

Delhi High Court: In a case wherein the petitioner, Managing Committee of a Mughal Mosque situated near Qutub Minar had filed a writ petition under Article 226 of the Constitution for an order restraining the respondent authorities from causing interference in the offering of namaz at the mosque., a Single Judge Bench of Prateek Jalan, J., directed the Archaeological Survey of India (‘ASI’) to produce any available records in relation to the issuance of the notification dated 24-1-1914.

Analysis, Law, and Decision

The petitioner contended that the mosque did not fall within the protected monuments as notified by the ASI in a notification dated 24-1-2014. It was further contended by the petitioner that namaz was being offered from the said mosque from its establishment until 13-5-2022, when it was stopped by the respondent authorities, and that no notice was issued, even to the Managing Committee of the mosque, in this regard.The Court opined that based on the submissions of the respondents, it appeared that the issues to be considered include whether the said mosque was included in the protected area under the notification dated 24-01-1914, and if so, the consequence thereof regarding permissibility of worship at the mosque. The Court further directed the ASI to produce any available records related to the notification dated 24-1-1914.

The matter would next be listed on 13-10-2023 .

[Managing Committee of Delhi Waqf Board v. Union of India, 2023 SCC OnLine Del 4263, Order dated 20-07-2023]

Advocates who appeared in this case :

For the Petitioner – M. Sufian Siddiqui, Rakesh Bhugra, Kumar Satish Shah, Alya Veronica, Advocates;

For the Respondents – Wajeeh Shafiq, SC; Ramsha Shan, Advocates.

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