Provide Assistance To Hazrat Baqi Billah Mosque's Imam, Ensure Unhindered Observance Of 'Shab-E-Barat': High Court To Delhi Police

The Delhi High Court has directed the Delhi Police to provide police assistance to the Imam of Masjid Dargah of Hazrat Khwaja Baqi Billah, situated in the city's Paharganj area, and to ensure that the festival of Shab-e-Baraat is carried out unhindered.

Justice Mini Pushkarna ordered the Delhi Police to ensure that the Imam, Mohd. Arshad Ahmad is neither manhandled by any person nor caused any obstruction in the discharge of his duties during the religious ceremony.

The court passed the order in a contempt plea moved by the Imam alleging willful disobedience of an order passed by a coordinate bench in 2020. 

Through the said order, the State as well as the SHO of Nabi Karim police station were directed to ensure that no hindrance or obstruction is caused to Ahmad in performing his official and religious duties as Imam of the Masjid.

Advocate M. Sufian Siddiqui appearing for the Imam submitted that Ahmad recently approached the concerned SHO requesting adequate police assistance for the Shab-E Baraat but he was treated badly.

He submitted that the police did not give any acknowledgment of the representation made by the Imam on February 13.

Siddiqui further contended that the “hostile behavior” of the SHO and refusal to acknowledge Ahmad's request for police assistance in terms of the judicial order of 2020 was tantamount to undermining the majesty of the court, thereby being contemptuous.

On the other hand, the Delhi Police's counsel disputed the submissions and said that whenever any police assistance is sought, the same was being provided to the Imam.

“…this Court directs that the police assistance shall be provided by SHO, Police Station Nabi Karim to ensure that religious ceremony of “Shab-E Baraat” scheduled from 6:00 PM on 25th February, 2024 till 7:00 AM on 26th February, 2024 is carried out unhindered, without any inference from any quarters,” the court said while disposing of the plea.

The bench further directed the Delhi Police to continue to comply with the 2020 order in its true letter and spirit.

Counsel for Petitioner: Mr. M. Sufian Siddiqui with Mr. Rakesh Bhugra, Mr. M. Niyazuddin and Ms. Alya Veronica, Advocates

Counsel for Respondent: Mr. Abhinav Singh with Ms. Swega Agarwal and Ms. Bhavi Garg, Advocates for respondent/Delhi Police

Title: MOHD. ARSHAD AHMAD v. PRAMOD CHAUHAN SHO P.S. NABI KARIM

Citation: 2024 LiveLaw (Del) 210

Click Here To Read Order