The Sunehri Bagh mosque case which was heard by single-bench inside Delhi High Court on Thursday was transferred to double-bench.
The next date of hearing in the case has been listed on January 19.
Sunehri Bagh mosque case:
Last year, on December 30, the cleric of the mosque had moved the Delhi HC against the proposed demolition of the structure due to alleged traffic congestion in the area.
The cleric Abdul Aziz in his petition had challenged a December 24 public notice issued by the New Delhi Municipal Council (NDMC) seeking objections and suggestions from the general public by January 1 regarding the demolition of the mosque.
Delhi HC had accepted Aziz’s petition and listed the case for hearing, following an assurance from the NDMC’s counsel that nothing would happen in the meantime as a final call on the action has to be taken by the Heritage Conservation Committee (HCC).
Aziz in his petition had stated that he was not pressing for an interim order at this stage, while his counsel had argued that the law does not give power to the NDMC to remove a heritage structure.
“The court may list the petition before the roster bench. Let them take instructions. I am not asking for any stay order,” Aziz’s counsel had told the court.
The court had questioned the locus of the Imam to file the petition instead of the Delhi Waqf Board.
In response the Aziz’s counsel had said that he(Aziz) filed the petition to protect his congregation as the Sunehri Bagh mosque is a functioning mosque.
In his plea, the petitioner had said the mosque is more than 150 years old and a heritage building that is a symbol of cultural legacy.
“Various government buildings including Vayu Bhawan, Udyog Bhawan and Udyog Bhawan Metro Station blended harmoniously with the Sunehri Bagh Masjid and thus due to these offices, the movement of vehicles started in the area which… clearly shows that these government offices have contributed to the traffic, if any, in that area and not because of Sunehri Bagh Masjid as theorized by NDMC/Traffic Police,” Aziz had said in his petition.
“The petitioner being the Imam of Sunehri Bagh Masjid is witnessing the condition of traffic in the area. The petitioner submits that the traffic in the area is regulated and when required, barricades are put and there is no complaint of any resistance of such regulation and barricades from the petitioner or the worshippers,” Aziz’s petition mentioned.
On December 18, the High Court had closed the proceedings in a separate petition by the Delhi Waqf Board anticipating demolition of the mosque at the Sunehri Bagh Road roundabout while recording that the parties would act as per the law.
