The Mughal Mosque is situated at entrance of the Qutub Complex. (File)In response to a petition challenging the alleged stopping of prayers since May at a mosque in South Delhi, the Centre Monday told the Delhi High Court that the masjid situated adjacent to the eastern gate of the Qutub Minar is a protected monument. According to rules, prayers are allowed at its protected sites only if they were “functioning places of worship” at the time the Archaeological Survey of India took charge of them.
The oral submission was made by a counsel representing the central government before the bench of Justice Manoj Kumar Ohri. Advocate Kirtiman Singh also told the court that a Saket court is presently hearing a matter involving the mosque in question, and sought time to seek further instructions in the matter.
The submission was challenged by the counsel representing the mosque management and Delhi Waqf Board. Advocates Wajeeh Shafiq and M Sufian Siddiqui argued that the issue was being confused with the other mosque located inside the Qutub Minar complex.
The petition states that the Mughal Mosque is situated at the entrance of the Qutub Complex and is different from the nearby Quwwat-ul-Islam Mosque with regard to which Saket court is currently hearing a case. The Mughal mosque is not a notified protected monument and has never been closed for worship before, states the plea.
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Advocate Siddiqui, representing the management of the mosque, told the court that prayers were stopped there in May, and insisted with the court to seek a written reply from the authorities. However, Justice Ohri granted the Centre and ASI more time to seek instructions, and listed the case for further hearing on September 12.
A formal notice for reply hasn’t been issued in the case yet. The court earlier on July 14 also had granted the counsel representing ASI and Centre time to seek instructions.
The petition states that the mosque is not a protected monument and “on the contrary, there are visible signs of a live mosque, viz., chamber/Hujra of Imam, a duly appointed Imam, a duly appointed Moazzin, place of ablution with taps and water supply, toilet with water supply, a drainage system, rows of prayer mats and provision to secure the entire premises through doors”.
Stating that there is overwhelming evidence to prove that regular prayers were held at the mosque even when other structures in adjacent area were declared as centrally protected monuments, the petition states that there has been no disruption of law and order in connection with the holding of prayers at the mosque.
“The denial of opportunity to Muslims to offer namaz in the instant mosque is contrary to the ideal of embracing the other which is an elevating feature of our ancient civilisation and modern nation,” reads the petition, adding that unfortunately “muscular approach” was being employed in the name of religion in India “to subdue others and impose uniformity”.
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