'Communal Politics Being Played Through Court': Delhi HC Rap On Appeal Against Installation Of 'Jhansi Rani' Statue Inside Shahi Idgah Park

The Delhi High Court on Wednesday pulled up the Shahi Idgah Managing Committee for making “scandalous pleadings” in its appeal against a single judge which rejected its plea against the installation of the statue of “Maharani of Jhansi” inside the Shahi Idgah Park situated at city's Sadar Bazar area.

A division bench comprising of Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela said that the appeal was “divisive” and that the Managing Committee was doing communal politics and court is being used in the process.

Taking exception to the paragraphs against the single judge in the appeal, the bench orally remarked:

“Someone has clearly lost it….The person who's doing it has got totally swayed. Just because someone has got emotionally swayed… My brother is pointing out, she's a national hero. Let's not divide history on communal grounds. The petition itself is divisive. Courts don't get involved in communal politics. She's a national hero, cutting across all religious lines. And you're doing this on religious lines.”

“In fact, I must say, the petitioner is doing communal politics and using the court in the process. Unfortunately it is so. And look at the wordings which have been used for the learned single judge. Withdraw these pleadings please and give us an apology letter…. This is scandalous. Absolutely scandalous…. Communal politics being played through court. She is a national hero. This is not fair what you people are doing,” it added.

Delhi Government's counsel, Santosh Kumar Tripathi said that today it is a fashion to make harsh statements in pleadings and that “they don't know how to address the single judge or the tribunal.”

To this, the bench remarked that the Court is not being addressed in the pleadings but “someone behind is being addressed.”

“That is the problem. Lawyers are falling pray to this. If the lawyers also fall pray to this, then the institution will crumble. It is unfair to the learned single judge. He may be right or wrong but you cannot make scandalous pleadings,” the bench said.

It added: “The intent, it seems, is to do communal politics through court…. Rani Lakshmibai has nothing to do with religion. In case the land belonged to you, you should have volunteered yourself.”

To this, the senior counsel appearing for the Managing Committee submitted that there was no such intention in filing the appeal. He said that the land in question does not belong to the Managing Committee and that the Managing Committee was only concerned with the Shahi Idgah.

To this, the bench said: “Courts cannot be used for this purpose. Do communal politics outside court. Don't use courts in this process. And you are using courts in the process.”

The court also said that the appeal had a “communal angle” and that the Managing Committee was using the courts as a pawn in this process.

The Managing Committee's counsel then said that the appeal was being withdrawn unconditionally, adding that it was not politically motivated.

The court then asked the senior counsel for the Managing Committee to delete the paragraphs wherein scandalous pleadings were made against the single judge and file an application to that effect by tomorrow.

“The learned senior counsel for the appellant admits that the aforesaid paragraphs are scandalous and shall be deleted forthwith. Let an application to the said effect be filed by tomorrow,” the bench ordered.

The matter will now be heard on September 27.

In its petition before the single judge, the Managing Committee sought directions on the civic authorities to not encroach upon the Shahi Idgah, claiming it to be a waqf property.

The Committee had referred to a gazette notification published in 1970 which said that the Shahi Idgah Park is an ancient property built during the Mughal period, which is being used for offering Namaz. It was submitted that such a vast property could accommodate as many as 50,000 namazis at one time.

Rejecting the plea, the single judge had observed that the surrounding area inside the Idgah boundary, which is the parks or open ground, belonged to the Delhi Development Authority (DDA).

The single judge had noted that even the Delhi Waqf Board does not authorize the use of the park for any purpose other than religious activities.

Title: SHAHI IDGAH MANAGING COMMITTEE v. DELHI DEVELOPMENT AUTHORITY & ORS.