2 min readNew DelhiJun 13, 2013 03:28 AM IST
First published on: Jun 13, 2013 at 03:28 AM IST
Choosing to ignore the political undertones,the Delhi High Court on Wednesday declined to pass a stay order against the memorial for 1984 anti-Sikh riots proposed to be constructed at Gurdwara Rakabganj.
The New Delhi Municipal Council (NDMC) informed the court that it has issued a showcause notice to the Delhi Sikh Gurdwara Management Committee (DSGMC) and would take action if any construction was done without clearance.
Appearing on behalf of the DSGMC,advocate Sudhir Nandrajog put forward the argument that the petition should be dismissed as it was “totally politically motivated”,prompting Justice Jayant Nath to comment,“That is obvious,but what are you going to do about the unauthorised construction?”
Former DSGMC president Paramjit Singh Sarna had approached the High Court seeking a writ order prohibiting the DSGMC from building the memorial. The petition claimed that construction within a heritage building without prior clearance was illegal and the memorial itself was against the tenets of Sikhism since a “memorial for any human being in a gurdwara is impermissible as per Sikh maryada”.
During the hearing,advocate T S Doabia,on behalf of Sarna,said the gurdwara was a heritage building and the DSGMC cannot construct there without prior clearance from the NDMC,the heritage committee and other authorities.
NDMC counsel Vivek Sood informed the court: “Action has been initiated,follow-up action will be taken on the showcause notice in two to three days.”
But Nandrajog told the court that only the foundation stone of the memorial had been laid on Wednesday morning. “We have not laid a single brick on the site,” Nandrajog said.
He said the DSGMC has not decided on the nature of the memorial yet. “We have not constructed anything so far. The memorial may be a fountain or a garden and not a building. The NDMC has no reason to take action,” Nandrajog said.
The High Court noted the submissions and asked the Delhi government,NDMC,DDA,DSGMC and its president Manjit Singh to reply to the petition by July 17.
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