NEWS PRISM, DELHI BUREAUÂ
NEW DELHI: In a surprising twist, the caretaker of the 40-year-old Faizyab Mosque and Madrasa in Delhi’s Sarai Kale Khan has withdrawn a crucial petition from the Delhi High Court, leaving the Islamic worship place vulnerable to demolition by civic authorities. This decision comes just months after the court issued notices to the Delhi Development Authority (DDA) and the Delhi Religious Committee, temporarily shielding the registered Waqf property from demolition threats.
The abrupt withdrawal has sparked concerns among community members and legal experts alike, raising questions about the circumstances that led to this U-turn.
Earlier in April, Justice Sachin Datta of the Delhi High Court had issued notices to the DDA and the Religious Committee, directing the DDA to submit a status report on the property within a week. The court’s intervention had provided temporary relief to the mosque, preventing any harm to its structures until the next hearing scheduled for May 8. However, the proceedings were later postponed to September 12, 2024.
The legal proceedings seemed to favour the mosque until May 12, when a vacation bench led by Justice Amit Sharma dismissed the mosque’s plea after caretaker Deen Mohammad withdrew a previous petition which had granted the Islamic premises protection from the demolition. During the hearing, the Caretaker informed the court that both premises would be vacated within a month, signaling no further efforts to stall the demolition drive initiated by authorities.
Justice Sharma accepted Mohammad’s statement, allowing the DDA and the Religious Committee to proceed with the demolition after a one-month grace period. He emphasized that no extensions would be granted, citing the property’s necessity for public purposes.
The conflicting decisions have left both legal experts and community members bewildered, prompting scrutiny into the reasons behind the petition’s withdrawal and the subsequent acceptance of the demolition order. Concerns have been raised over the role of the Delhi Religious Committee, with potential conflicts of interest cited by legal analysts. Community members have expressed dismay over the potential loss of the historic mosque and madrasa.
Legal experts have also highlighted broader implications, questioning the precedent this case might set for other religious structures involved in land disputes. Both the places were registered under the Waqf Act in 1980s. This decision will potentially impact the rights of religious minorities across the nation.