Demolition drive near Delhi’s Faiz-e-Ilahi mosque turns violent amid stone pelting, tear gas action; 5 arrested

Police said identification of others involved in the alleged stone pelting is ongoing. “We are cross checking with CCTV footage,” said DCP (Central), Nidhin Valsan.

The FIR has been registered under Bharatiya Nyaya Sanhita (BNS) sections 221 (obstructing public servant in discharge of public functions), 132 (assault or criminal force to deter public servant from discharge of his duty), 121 (voluntarily causing hurt to deter public servant from his duty), 191 (rioting), 223 (A) (disobedience to order duly promulgated by public servant) and 3(5) (joint liability) and provisions of Prevention of Damage to Public Property Act, 1984.

“The demolition drive near Faiz-e-Elahi Masjid was carried out by the MCD in compliance with the Delhi High Court’s directions, with comprehensive law-and-order arrangements in place. The situation was brought under control after a brief disturbance, and normalcy was restored with minimal use of force,” said Madhur Verma, Joint Commissioner of Police (Central Range), Delhi.

The demolition action on structures — including a baraat ghar and a dispensary — surrounding a 0.195-acre land tract, housing a dargah and the mosque, came after the Delhi High Court on Tuesday refused any interim stay on the action. The mosque, which its managing committee claimed is “more than 100 years old”, is a Waqf property and remained untouched.

Calling the ‘stone-pelting’ unfortunate, Minister Sood said, “Obstructing or disrupting work being carried out within the framework of law is completely unacceptable.. I want to clearly state that the Faiz-e-Ilahi Mosque is completely safe. The action is limited only to those illegal commercial establishments that fall within the scope of the court’s orders. There is no arbitrariness or mala fide intent on the part of the government in this matter.”

“I appeal to all citizens not to fall prey to any kind of provocation. Strict action will be taken against those who take the law into their own hands under provocation. I also urge all peace-loving people to cooperate with the administration in identifying such mischievous elements and to help maintain mutual harmony and peace,” the minister added.

The case

The managing committee had moved a petition before the HC after the MCD on January 1 made markings for the planned demolition, and had informed the committee that the demolition will take place on January 7.

The committee, in its petition, had sought that an MCD order dated December 22 last year be set aside where the civic body had ruled that any structure beyond a 0.195 acre tract is an encroachment and misuse of public land. The committee submitted before the Delhi HC that it has no objection to the removal of encroachments and is only seeking the court’s intervention to protect the graveyard adjoining the mosque, which according to it, is beyond the 0.195-acre limit.

In its December 22 order, the MCD had stated that “by no stretch of imagination, masjid or dargah or graveyard can be used as a marriage venue or clinic”, adding that this is a “blatant misuse of public land”. “In view of above, any structure beyond 0.195 acre of land is an encroachment and deserves to be removed,” the civic body had ruled.