Delhi HC Orders ASI To Produce 109-year-old Record On Mosque Near Qutub Minar

The Delhi High Court has recently instructed the Archaeological Survey of India to produce any available records regarding a January 1914 notification related to the Mughal Mosque located near Qutub Minar.

A single judge bench of Justice Prateek Jalan stated, “The ASI is also directed to produce any records available with it in regard to the issuance of the notification dated January 24, 1914.”

In response to a plea by the managing committee of the Mughal Mosque seeking an order to prevent obstruction of namaz (prayers) by respondents, including the Centre and ASI, the court sought clarification from the ASI on whether worship is permitted in all protected monuments across the country. The ASI’s counsel stated that they will seek instructions on this matter.

Justice Prateek Jalan also raised the question of whether the mosque in question falls under the protected area notification of 1914 and, if so, whether worship at the mosque should be prohibited.

The next hearing for the case is scheduled for October 13.

The HC noted while directing the parties to file their written submissions in the matter that,
“It is made clear that learned counsel for the parties have all submitted that the mosque in question is different from the Quwwat-ul-Islam Mosque in the Qutub Minar complex which is the subject matter of a civil suit before district court Saket.”

Advocate M Sufian Siddiqui, representing the petitioner-managing committee, argued that the mosque is not included in the protected monument under the ASI’s notification of January 24, 1914. He contended that prayers were offered at the mosque from its establishment until May 13, 2022, when the ASI halted the practice without issuing any notice to the managing committee.

Advocate Wajeeh Shafique, representing the Delhi Waqf Board, stated that according to the statutory scheme, if a place of worship is declared an ancient monument, the existing practices would continue.