'Mughal Mosque' Situated Within Qutub Complex A Protected Monument: Centre Tells Delhi HC In Plea Alleging Stopping Of Prayers

The Delhi High Court will hear on September 12 a plea filed by Managing Committee of Delhi Waqf Board against alleged stopping of prayers in a mosque adjacent to Eastern Gate of Qutub Minar in city's Mehrauli area.

The Mosque in question, referred to as the 'Mughal Mosque' by the Waqf Board, is situated within the Qutub Complex. However, it is outside the Qutub enclosure and is not the famous 'Masjid Quwwatul Islam'.

The development came after Kirtiman Singh, counsel appearing for Centre, on instructions, informed Justice Manoj Kumar Ohri today that the mosque in question is a protected monument and that a Saket Court is seized of a matter concerning the same mosque.

Accordingly, Singh sought some more time to seek further instructions in the matter.

Panel counsel for Delhi Waqf Board, Wajeeh Shafiq, apprised the Court that the issue of mosque which the Saket Court is seized of is not the one which concerns the mosque as mentioned in the petition filed before the Court.

Advocate M Sufian Siddiqui, also appearing for the petitioner, informed the Court that the impugned decision of stopping of namaaz inside the mosque was ex-facie unlawful and unwarranted interference by the respondent officials.

He also said that the mosque in question did not find any mention in the notification which notifies list of protected monuments.

Granting time to the respondents for taking further instructions, the Court listed the matter for hearing on September 12.

The plea challenges the action vide which the authorities, without any authority in law, limited the number of worshippers to five on May 6 and then on May 13, completely stopped the performance of Namaz at the mosque in question, that too without any notice or order.

According to the plea, even if the Mosque in question is protected monument, then as per sec. 16 of the Ancient Monuments and Archeological Sites and Remains Act, 1958 read with the relevant Rules, it is the bounden duty of the Respondents to maintain the religious nature, the sanctity attached to the mosque and to protect the right of worshippers to assemble and offer prayers.

"…the denial of opportunity to Muslims to offer Namaz in the instant mosque is a manifestation of muscular approach which is antithetical to liberal values enshrined in the Constitution and liberalism reflected in every aspect of life of common people," the plea states.

It adds "Ex-consequenti, the authorities cannot maintain inexplicable and unconscionable silence for the simple reason that a citizen has a right to seek redressal of his grievance in a timely manner, and by such inaction, his rights as contemplated under Article 21 of the Constitution of India get curtailed, smothered and crippled."

Case Title: MANAGING COMMITTEE OF DELHI WAQF BOARD v. UNION OF INDIA & ORS.