MLA moves HC to restrain ASI from razing 'mosque'

Legislator already face contempt notice

A local MLA, accused of aiding illegal construction of a mosque on government land, has moved the Delhi High Court to restrain the Archaeological Survey of India from taking “coercive” action against the existing structure, including its demolition.

MLA Shoaib Iqbal filed the fresh plea following the HC order, which had asked ASI to demolish illegal structures to ascertain if the remains of a Mughal-era Akbarabadi mosque existed at the Metro project site near Subhash Park in central Delhi.

The application, which is likely to come up for hearing on August 17 before a three-judge bench headed by Acting Chief Justice A K Sikri, also sought that a committee of eminent citizens be formed to oversee ASI’s work.

Iqbal, who is facing a contempt notice for allegedly raising the structure in the park, has suggested the names of former Chief Justice of Delhi High Court Rajender Sachar, Jamia Milia Islamia’s vice chancellor Najib Jung and former ASI director K K Mohammad as members of the expert committee.

He cited excerpts from history books to drive home his point that Akbarabadi mosque was built in 1650 by Mughal emperor Shahjahan’s wife at the site, which was later razed by the British.

“Keeping in view the history and religious sanctity attached to this mosque, we want to ensure that no harm is caused to the historic remains of the mosque,” Iqbal said in his plea filed through lawyer M M Kashyap.

Earlier, the court had taken suo-motu cognisance of illegal construction of the mosque and later, allowed the ASI to raze it and file a status report on its progress.

The MLA, who was earlier cautioned by the court not to take the law into his hands, said the committee of eminent citizens will assist the ASI in arriving at a just conclusion.

He also alleged that police were harassing nearby residents.

Earlier, the court had warned miscreants against giving a communal overtone to the issue of the disputed structure. “Religion is said to be the opium of the masses. It can be a great unifying factor as well as disrupt social peace,” the court had observed.