Cops must help ASI raze illegal mosque: Court

HC dismisses plea for postponement of order
Last Updated 19 October 2012, 20:10 IST

In a jolt to city police, the Delhi High Court on Friday dismissed the plea to modify an earlier order asking them to provide help and security to the Archaeological Survey of India in razing an illegal mosque built in a park here to ascertain whether remains of Mughal-era Akbarabadi masjid existed there.

Terming the plea as “infructuous” to “large extent”, a three-judge bench headed by Justice Sanjay Kishan Kaul said, “The application is accordingly dismissed.”
Police had in their plea sought postponement of the order on grounds, including that the holy month of Ramzan was on and moreover, it had to prepare for the Independence Day and the fast of Baba Ramdev in adjacent Ramlila Ground.

It had also sought a direction that instead of police, Shoaib Iqbal, a local MLA who allegedly incited mob to trespass and build the structure, be asked to remove it.
“In our view, it is the bounden duty of the Delhi Police to ensure that peace is maintained and yet law of the land is not breached holding out threats of possible repercussions,” the bench said.

“On examination of the averments in the application, to a large extent the application has become infructuous. This is so as the reasons stated for delay in action no more exist as those events are over,” the bench, also comprising Justices Rajiv Shakdher and M L Mehta, said.

While disposing of a plea of North Delhi Municipal Corporation (NDMC) seeking a direction to police to provide security in razing the structure, the court said police “will have to make necessary arrangement” for executing the order.

“We have dismissed the application filed by Delhi Police. The sequitur is that Delhi Police will have to make necessary arrangement for NDMC to carry out its task under para 34 (v) of the order dated 30.7.2012 and the statutory mandate be carried out under the supervision of the ASI who is in control of the area,” it said.

The court also decided various applications filed by MLA Sohaib Iqbal, S S Sai Baba Omjee and Mahant Naval Kishore, general secretary of Delhi Sant Maha Mandal.
The lawmaker, in his pleas, had sought constitution of a committee of eminent citizens to oversee the investigation of ASI. Besides various reliefs, the MLA had also said the “status quo” at the site be maintained and devotees be allowed to offer prayer there.

VHP welcomes move

THe Vishwa Hindu Parishad has welcomed the HC verdict, and demanded action against Iqbal. Delhi VHP secretary general Satyendra Mohan on Friday said the MLA should be dismissed from the Delhi
Legislative Assembly immediately.

(Published 19 October 2012, 20:10 IST)

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