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The high court said the committee’s intent was to do communal politics through court and a religious colour was being given to the matter.
“A religious colour is being given to this. It is a matter of pride that you are having this statue there. On one hand we are talking about women empowerment… She is a national hero, cutting across all religious lines and you are doing this on religious lines. Let’s not divide history on communal politics,” a bench of Chief Justice Designate Manmohan and Justice Tushar Rao Gedela said.
The division bench, which was hearing an appeal by the committee challenging a single-judge’s order, dismissed its petition seeking to restrain the installation of the statue of ‘Maharani of Jhansi’ inside the Shahi Idgah Park at Sadar Bazar here on the ground that the plea appeared to be without any cause of action.
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“Someone has clearly lost it. The person who is doing it has got totally swayed. Just because someone has got emotionally swayed… The petitioner is indulging in communal politics and also dragging the court into it. Courts don’t get involved in communal politics. Give a written apology. What you are doing is not done,” the bench said.
The bench further said, “Look at the wordings which have been used for the single judge. Withdraw these pleadings please and give us an apology letter. This is scandalous. Absolutely scandalous. Communal politics being played through court. Do communal politics outside the court. Don’t use us in the process. She is a national hero. This is not fair what you people are doing.” “The intent, it seems, is to do communal politics through court. Rani Lakshmi Bai has nothing to do with religion. In case the land belonged to you, you should have volunteered yourself,” it said.
The counsel for the petitioner committee apologised and said this was not the intent and added that the plea was not politically motivated. He said that the land here does not belong to the managing committee and that it was only concerned with the Shahi Idgah.
Delhi government standing counsel Santosh Kumar Tripathi said it has become a fashion to make harsh statements, including against judges, in pleadings and that “people don’t know how to address the single judge or the tribunal”.
To this, the bench remarked that the court was not being addressed in the pleadings but “someone behind was being addressed” and that everyone was going through some political pressure.
The court asked the petitioner’s counsel to delete the objectionable paragraphs in which scandalous pleadings were made and file an application to that effect by Thursday.
“The senior counsel for the appellant (managing committee) admits that the aforesaid paragraphs are scandalous and shall be deleted forthwith. Let an application to the said effect be filed by tomorrow,” it said and listed the matter for further hearing on September 27.
The single judge has rejected the plea seeking directions to the civic authorities to not encroach upon the Shahi Idgah, claiming it to be a waqf property.
The committee referred to a gazette notification published in 1970 which said that the Shahi Idgah Park is an ancient property built during the Mughal period, which is being used for offering namaz. It was submitted that such a vast property could accommodate as many as 50,000 namazis at one time.
The single judge had said that the petitioner committee has no legal or fundamental right to oppose the maintenance and upkeep of the parks or open ground, surrounding the Shahi Idgah, by the DDA and thereby oppose the installation of the statue by the MCD at its behest.
It has referred to an order passed by a coordinate bench of the high court and said the decision has also clarified that the parks or open ground surrounding the Shahi Idgah are the property of the Delhi Development Authority (DDA) and have been maintained by the Horticultural Division-II of the DDA, which is responsible for ensuring that the site is used by public visitors for recreational purposes.
“Furthermore, even the Delhi Waqf Board (DWB) does not authorise the use of the park for any purpose other than religious activities. The bottom line is that, since the parks/open ground adjoining the Shahi Idgah and located within the Idgah walls are the property of DDA, it is solely the DDA’s responsibility to allocate portions of the said land for public use as it deems fit,” it has said.