Anwarulhaq Baig
NEW DELHI: In significant relief to the 150-year-old renowned Sunehri Bagh Masjid near Parliament, the Delhi High Court today took on record the statement of the New Delhi Municipal Council, in which the civic body assured that it will not only consider objections of the Imam and public but also comply with the law before taking any decision on the proposed removal of the mosque.
The case, which has drawn considerable attention, stems from a petition filed by Abdul Aziz, the Imam of Sunehri Bagh Masjid, challenging the NDMC’s public notice issued on December 24, 2023. The notice sought public opinions regarding the potential removal of the mosque, citing traffic congestion as the reason.
Court Proceedings and NDMC’s Assurance
During the hearing before Justice Purushaindra Kumar Kaurav today, Additional Solicitor General of India Chetan Sharma, representing the NDMC, assured the court that the civic body would not only consider objections from the Imam and public but also comply with the law before taking any decision on the proposed removal.
Senior Advocate Viraj R. Datar, representing the Imam, today expressed willingness to withdraw the petition if the concerned authority was directed to decide all objections in accordance with the law. On this, ASG Sharma submitted that at this stage, no cause arises to deal with the plea as the concerned authority, (Heritage Conservation Committee -HCC), is already seized of the matter. He also stated that objections received from the Imam and similar candidates would be considered as per law.
Justice Kaurav, while disposing of the plea, noted that at this stage, the concerned authority must dwell upon the objections and suggestions received by the public in accordance with the law. The court took on record Sharma’s assurance and observed that it was not inclined to pass any positive directions in the matter at this point.
A key aspect of the proceedings was the court’s recognition of the Imam’s locus standi in filing the petition. ASG Sharma had initially argued that the Imam lacked the standing to file the petition, stating that only the Delhi Waqf Board could do so. However, Justice Kaurav made it clear that even someone who is not the Imam could approach the court, as the NDMC’s notice was a public one inviting objections from all.
Reactions and Comments
In conversation with Indiatomorrow.net, Advocates Firoz Iqbal Khan and Farhat Jahan Rehmani, who represented the Delhi Waqf Board along with senior advocate Sajnay Gosh in the case, hailed the development as a major achievement in protecting the mosque. They emphasized that the NDMC itself has given assurance of considering the matter as per law before the High Court, accepting the petition’s objections that the mosque falls under the jurisdiction of the Heritage Conservation Committee (HCC), not the NDMC.
The lawyers explained the legal process that should be followed by the NDMC, asserting that the council cannot take any decision without the permission of the HCC. They further pointed out that the HCC itself has no authority to delist a heritage building from its list, and no building has ever been delisted. “NDMC cannot take any step against the mosque before delisting it, while the ASG of NDMC stated on court record that they would take any decision as per law in the matter,” they added.
The advocates also highlighted that if the NDMC were to go against the court order, it would constitute contempt of court. They clarified that according to the law, the mosque is not an encroachment and was never acquired by the government. Moreover, there is no jurisdiction of the Delhi Religious Committee (which recommends removing encroached or illegal religious places) because the NDMC is not claiming that the mosque is illegal or an encroachment.
They said, “another crucial point raised was that the NDMC now cannot ignore public objections and suggestions before taking any step. It was disclosed that the NDMC has received more than 60,000 objections against the proposed demolition of the mosque.”
The lawyers also informed that the mosque is duly registered with the Waqf Board apart from being listed with the HCC.
After the hearing, Jamaat-e-Islami Hind (JIH) Assistant Secretary Inamurrahman, who filed a Public Interest Litigation (PIL) alongside the Imam against the NDMC’s notice in December, expressed satisfaction over the recent court ruling. Describing it as a victory for the mosque, he reacts, “we also wanted authorities to comply with the law while taking any step regarding the mosque. However, NDMC sent an illegal public notice in the newspapers proposing demolition of the mosque.”
Inamurrahman extended gratitude to the court for granting significant relief to the mosque, stating, “The potential threat to the mosque has now been eliminated. Additionally, the high court has recognized the authority of the Imam of the Sunehri Masjid, rejecting NDMC’s arguments.”
In previous hearings, the Delhi Police argued before the high court that the Imam’s plea was premature, as the HCC was deliberating on the matter and the Imam cannot anticipate its decision.
Highlighting its potential to establish a precedent for future cases, the JIH official emphasized that the ruling serves as a deterrent against unlawful actions by authorities targeting religious places.
Background of the controversy:
The controversy surrounding the Sunehri Bagh Masjid began on December 24, 2023, when the NDMC issued a public notice inviting objections and suggestions regarding the mosque’s potential removal. The civic body claimed this action was based on recommendations from Delhi Traffic Police, who had expressed concerns about traffic congestion around the Sunehri Bagh roundabout due to new constructions. Importantly, the Traffic Police did not explicitly recommend the mosque’s removal to alleviate traffic flow.
Shortly after the notice, JIH through Inamurrahman and Imam Abdul Aziz, who has served as the mosque’s Imam for the past 20 years, filed separate petitions in the Delhi High Court. They were represented by lawyers including Senior Advocate Viraj R. Datar, Imran Ahmed, and Shuaib Ahmed Khan.
The petitions argued that NDMC’s actions violated the ‘Place of Worship Act 1991’, which mandates the preservation of all places of worship as they existed in 1947. They emphasized that the mosque has not contributed to traffic problems and plays a significant cultural role in the development of the Lutyens Zone.
Constructed during the Mughal era, the Sunehri Bagh Masjid is classified as a Grade III heritage building and is listed among Delhi’s 886 heritage properties. It is one of 141 such structures within the NDMC area, recognized by the HCC of the Ministry of Urban Development.
The mosque is part of 42 mosques and Muslim graveyards transferred to the Muslim community through an agreement between Sunni Majlis-e-Auqwaf and the Chief Commissioner of Delhi between 1942 and 1945. This historical agreement is documented in the Land and Development Office of the Ministry of Urban Affairs.
Additionally, the petition highlighted the mosque’s status as a Waqf property, officially notified in the Delhi Gazette and under the jurisdiction of the Delhi Waqf Board. The petitioners argued that NDMC’s call for objections to the mosque’s demolition amounted to contempt of court, especially given the ongoing legal dispute over the ownership of 123 Waqf properties, including the Sunehri Bagh Masjid.