The Central Government on Monday apprised Delhi HC that the Mughal mosque in the Qutub Minar complex is a protected monument.
The court was hearing a petition challenging the alleged stopping of prayers at a mosque in south Delhi by the Archaeological Survey of India.
Justice Manoj Kumar Ohri was apprised by Central Government Standing Counsel (CGSC) Kirtiman Singh that the Mughal Mosque is a protected monument and the case pertaining to the issue is pending before the Saket District Court.
Kirtiman Singh sought to take instructions to file a reply to the petition. The bench granted time to take instructions. The matter has been listed for September 12, 2022, for further hearing.
Advocate M Sufian Siddiqui objected to the submissions made by CGSC. He said that Mughal Mosque is not covered under the notification. The namaz never stop there. He requested an early date as the mosque has been closed on May 13 this year.
On the last date of the hearing also time was granted by the bench to take instructions.
This matter pertains to a mosque situated within the 'Qutub Complex'. However, it is outside the 'Qutab Enclosure'.
The name of the mosque is 'Mughal Mosque', and it is not the contentious 'Quwattul Islam Mosque'. It is a duly Gazette Notified Waqf property vide notification of April 16, 1970 and there is a duly appointed Imam and Moazin, the petition stated.
Advocate M Sufian Siddiqui representing the petitioner had submitted before the court that Namaz was regularly performed at the said mosque and has never been closed for worship.
He had submitted that the officials of ASI in an absolutely unlawful, arbitrary, and precipitous manner completely stopped the Namaz on May 13, 2022 without serving any 'Notice or Order' etc.
It was further submitted that the Fundamental Rights of the worshippers stand violated on a continuous basis, and to ensure that the primacy of 'Rule of Law' is preserved and upheld, this matter may kindly be listed for urgent hearing.
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