Bring 109-yr-old record on mosque near Qutub Minar, Delhi High Court directs ASI

The HC was hearing a plea moved by the managing committee of *Mughal Mosque seeking * an order restraining the respondents, including the Centre and ASI, from obstructing the offering of namaz (prayers).

The court asked the ASI to clarify its policy on whether “in all protected monuments all over the country no worship is permitted”. The ASI’s counsel said that “he will seek instructions”.

Justice Jalan also observed that the issue to be considered is whether the mosque in question is “included under the protected area notification of 1914”, and if so, whether the “consequence” of this is that “permissibility of worship at the mosque is to be prohibited”.

The matter is next listed on October 13.

“It is made clear that learned counsel for the parties have all submitted that the mosque in question is different from the Quwwat-ul-Islam Mosque in the Qutub Minar complex which is the subject matter of a civil suit before district court Saket,” the HC noted while directing the parties to file their written submissions in the matter.

Appearing for the petitioner-managing committee, advocate M Sufian Siddiqui said that the mosque does not fall within the protected monument notified by the ASI through its notification dated January 24, 1914. He contended that namaaz was being offered at the mosque in question from its establishment until May 13, 2022, when it was stopped by the ASI. He further said that “no notice” was issued even to the managing committee of the mosque in this regard.

Advocate Wajeeh Shafique appearing for the Delhi Waqf Board said that as per the statutory scheme if “a place of worship is declared as an ancient monument the practices that were there will continue”.