Author: Press Trust of India
Publication: The Indian Express
Date: November 7, 2002
URL: http://www.expressindia.com/fullstory.php?newsid=16557
The Delhi High Court has sought
replies from the Centre and Lt Governor of Delhi on a petition alleging
that terrorists and anti-social elements were taking shelter in the Jama
Masjid here and the monument was being used as private property by Shahi
Imam Ahmed Bukhari.
±Issuing notices to the Union
Urban Development Ministry, Archaeological Survey of India (ASI), Imam
Bukhari and Delhi Wakf Board, a bench comprising Justice Anil Dev Singh
and Justice R S Sodhi asked them to file replies by November 27.
Notices were also issued to Delhi
Development Authority, Municipal Corporation of Delhi and police commissioner
by the court observing that violation of law could not be permitted "whosoever
the person might be". A public interest litigation (PIL) by one Raisuddin,
a resident of the Walled City, who alleged that "respondent number 8 (Ahmed
Bukhari) and his father had started using the surrounding areas (of the
mosque) for their private use and all sorts of illegal activities, bazaars,
terrorist activities and unsocial elements take shelter in this monument".
The petitioner alleged that mafias
operating in the area were trying to grab the land of the Jama Masjid,
built by Mughal emperor Shah Jahan and declared as a protected monument
by ASI for preservation as a structure of great architectural importance.
Accusing DDA, MCD and police officials of "patronising the mafias", the
PIL said "there is hardly any open space Left in the mosque's surroundings
as the same had been fully encroached upon by anti-social elements in collusion
with Bukhari who is getting huge money from them."
Stating that the unauthorised constructions
around the mosque were defacing its features, the PIL said this was not
only causing problems to thousands of devotees coming for prayers there
every day but also presenting it in bad taste to tourists, especially the
foreigners who visit the area to have a glimpse of the beautiful structure.
When Delhi government counsel V
K Shali submitted that it was difficult to take action considering the
"volatile nature" of the area where "riots" could take place on a slightest
incident, the court said "if the authorities tend to implement the law
sincerely their action would not be opposed". "If they could not enforce
the law and order, then they have no business to remain there," the court
observed.
Petitioner's counsel R K Mansal
said that the court had earlier issued a series of directions to clear
the area of all unauthorised constructions but DDA and MCD despite giving
assurances in this regard "have failed" to take action on one pretext or
the other. "Some vested interest under political patronage prevailed upon
the dda in abandoning its programme for demolition and under pressure it
invariably took the plea that the area is a sensitive one and no drastic
action is possible," he said. Reminding the court that in 1975- 76 a massive
demolition operation was carried out by the government around the mosque
despite strong opposition from the then Imam Syed Abdullah Bukhari, the
PIL said the authorities then had enforced the law for preserving the surroundings
as "green and open area".
But during past two decades the
entire area was allowed to be encroached upon again by the same authorities,
which earlier had cleared it, the PIL said.
