Brushing aside attempts to communalise the dispute over a centuries-old structure near Chandni Chowk, the Delhi high court on Wednesday refused to allow prayers at the mosque that has been illegally constructed at the site and directed the police to ensure law and order in the area.
Directing the Archaeological Survey of India (ASI) to investigate and file a report on whether, as was being claimed, a mosque had existed at the site at Subhash Park near Jama Masjid, the high court reserved its order on the dispute. The court’s direction came after the ASI submitted that no activity or construction should be allowed at the site and that its sanctity be maintained. The court also observed that if the ASI felt the need to excavate more area, it could do so.
During the hearing, the special bench headed by Acting Chief Justice A.K. Sikri also asked representative of political outfit Akhil Bharat Hindu Mahasabha (ABHM) to mellow down his allegations against the community of some members party to the suit. “Please tell us only what is relevant to the case,” Justice Sikri told ABHM vice-president S.S. Omji after he made some insensitive comments.
The ABHM, which had filed an intervening application in the case, told the court that the structure at the site, where a mosque had been built by some locals, should be demolished and that a temple be built there. “Only Hindu or Jain temple or a gurdwara can be allowed to be built there. Some articles had been planted after removing relics of Hindus and Jains,” the ABHM representative alleged.
The ABHM asked the court to appoint a sitting or a retired judge of the high court to look into the matter, which the court said it would consider. The bench, also comprising justices S.K. Kaul and Rajiv Shakdher, said that the scientific analysis by the ASI will continue and that the parties concerned were bound till the report comes.
The ASI also submitted to the bench that it has taken the possession of the site but the excavation work will be done only after monsoon as there is possible threat to the excavation due to water-logging.
Meanwhile, the court dismissed the plea of Matia Mahal MLA Shoaib Iqbal seeking direction to the police to allow people to offer prayers near the site during Ramzan.
“The police knows it best to maintain law and order. We are not to interfere,” the bench said.