Plea In Supreme Court Against Demolition Of Mosque In Delhi's Mangolpuri

Yesterday, Senior Advocate Sanjay Hegde mentioned the matter before the Chief Justice of India for urgent hearing. CJI DY Chandrachud said that the matter would be taken up by a bench of Justices Sanjiv Khanna and R Mahadevan. Following this, when the matter was taken up, the Court, without issuing notice, said it would take up the matter on August 01.

In the instant petition, it has been submitted that one 'Save India Foundation' preferred a writ petition, before the Delhi High Court, terming the entire mosque as a recent encroachment. Thereafter, the High Court asked for a status report. Since the status reports indicated impending demolition on July 30, an oral mention was made before the High Court to interdict the demolition drive.

Notwithstanding, the High Court ordered that if the parties (including MCD) are planning to take any action in accordance with the law, they are entitled to do so. It also said that the pendency of the writ petition should not come in the way of taking action in accordance with the law.

“While the Ld. Single Judge recorded the submission with regard to filing of an affidavit by the petitioner, it has gone ahead in also including an uncalled for observation that the order will not come in the way of any action being undertaken by the authorities which, in the humble submission of the petitioner, was uncalled for at this stage and is as good as granting imprimatur to the planned demolition.,” the petitioner submitted.

It is the petitioner's case that the High Court, by way of an interim order, has granted an imprimatur to an impending demolition. Further, demolition of such encroachments, in the form of a religious place of worship, was to be placed before a Religious Committee.

In view of this, the petitioner sought for the following interim reliefs:

“a) Stay the operation of the impugned interim order dated 29.07.2024 passed by the Hon'ble High Court of Delhi at New Delhi in Writ Petition (Civil) No. 4867/2024; and

b) Direct the respondents not to undertake demolition of the mosque in question until the pendency of the present petition.”

Case Details: Muhammadi Jama Masjid Madarsa-Anwarul-Uloom Welfare Association (Regd.) v. Govt. of NCT of Delhi and Ors.