04-28-2005, 01:27 AM
http://www.hindustantimes.com/news/181_1339221,0008.htm
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->HC takes exception to PM writing to Bukhari on Jama Masjid
Press Trust of India
New Delhi, April 27, 2005
Taking exception to Prime Minister Manmohan Singh's communication that the Jama Masjid will not be declared a protected monument, the Delhi High Court on Wednesday asked Ministry of Culture to produce the records relating to the decision.
The order came from a Division Bench of Chief Justice BC Patel and Justice SK Kaul after Archaeological Survey of India (ASI) counsel Sanjay Jain informed the court that the Prime Minister has already written to Masjid's Imam Syed Ahmed Bukhari about Ministry of Culture's decision not to declare it a protected monument.
The Bench wanted to know how the decision was taken when the matter was subj udice.
"If it is not declared a protected monument, why should the Government spend money on it," the court observed.
The Bench is seized of a PIL by Heritage and Culture Forum (HCF) for declaring the 355-year-old Jama Masjid a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
When Jain said the monument could be preserved without being declared a protected one, the Bench shot back "why are the authorities shying away? Are you afraid of anybody?"
"Tell me in how many cases the Prime Minister has issued such directions? If there is an objection from some quarter, the Government will not declare it a protected monument but still pay money for it," the Chief Justice asked.
When the court asked who controlled the Masjid, Wakf Board counsel Najmi Waziri said, "it is Wakf Board". However, HCF counsel Usha Kumar contradicted his submission, saying it had been made a domain of a particular person.
"Everybody knows the answer but nobody will tell you. Everybody knows who controls the affairs of Jama Masjid," she said.
The Court suggested that the Wakf Board may control the affairs inside the mosque while the ASI will control the same outside it.
The Bench, which had earlier directed ASI and Delhi Wakf Board to work out modalities to declare the masjid built by Mughal emperor Shahjahan in 1650 a protected monument, asked both the parties to examine the matter in the light of the suggestion and assist it on May 25 the next date of hearing.
The court also asked the Board to do the repair works needed to preserve the monument with the help of experts.
Terming it an emotive issue for the Muslim community, Waziri submitted that Wakf Board was not in favour of declaring the masjid a protected monument.
Changing its earlier stand on the issue, the Board, which earlier favoured the idea, had on February 23 changed its stand and opposed the move to declare it a protected monument, saying the Board had to take care of Muslim sentiments as ASI did not permit namaz inside protected monuments.
ASI counsel Sanjay Jain had said that the expert body was ready to allow all the ongoing religious rites, rituals and practices and sign a special Memorandum of Understanding with the Wakf Board, the owner of the property.
The court had agreed to the suggestion and asked Waziri to get instruction from the Board on the ASI's suggestion and clarify what all rights it would like to be protected.
The Bench had emphasied that Jama Masjid was a part of history and culture of Delhi which needed to be preserved and clarified that the religious practices would not be disturbed.
The court said if it was declared a protected monument, construction activities within 100 meters of the structure would be prohibited and it would be regulated in a further 200 meters leading to its better maintenance.<!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->HC takes exception to PM writing to Bukhari on Jama Masjid
Press Trust of India
New Delhi, April 27, 2005
Taking exception to Prime Minister Manmohan Singh's communication that the Jama Masjid will not be declared a protected monument, the Delhi High Court on Wednesday asked Ministry of Culture to produce the records relating to the decision.
The order came from a Division Bench of Chief Justice BC Patel and Justice SK Kaul after Archaeological Survey of India (ASI) counsel Sanjay Jain informed the court that the Prime Minister has already written to Masjid's Imam Syed Ahmed Bukhari about Ministry of Culture's decision not to declare it a protected monument.
The Bench wanted to know how the decision was taken when the matter was subj udice.
"If it is not declared a protected monument, why should the Government spend money on it," the court observed.
The Bench is seized of a PIL by Heritage and Culture Forum (HCF) for declaring the 355-year-old Jama Masjid a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
When Jain said the monument could be preserved without being declared a protected one, the Bench shot back "why are the authorities shying away? Are you afraid of anybody?"
"Tell me in how many cases the Prime Minister has issued such directions? If there is an objection from some quarter, the Government will not declare it a protected monument but still pay money for it," the Chief Justice asked.
When the court asked who controlled the Masjid, Wakf Board counsel Najmi Waziri said, "it is Wakf Board". However, HCF counsel Usha Kumar contradicted his submission, saying it had been made a domain of a particular person.
"Everybody knows the answer but nobody will tell you. Everybody knows who controls the affairs of Jama Masjid," she said.
The Court suggested that the Wakf Board may control the affairs inside the mosque while the ASI will control the same outside it.
The Bench, which had earlier directed ASI and Delhi Wakf Board to work out modalities to declare the masjid built by Mughal emperor Shahjahan in 1650 a protected monument, asked both the parties to examine the matter in the light of the suggestion and assist it on May 25 the next date of hearing.
The court also asked the Board to do the repair works needed to preserve the monument with the help of experts.
Terming it an emotive issue for the Muslim community, Waziri submitted that Wakf Board was not in favour of declaring the masjid a protected monument.
Changing its earlier stand on the issue, the Board, which earlier favoured the idea, had on February 23 changed its stand and opposed the move to declare it a protected monument, saying the Board had to take care of Muslim sentiments as ASI did not permit namaz inside protected monuments.
ASI counsel Sanjay Jain had said that the expert body was ready to allow all the ongoing religious rites, rituals and practices and sign a special Memorandum of Understanding with the Wakf Board, the owner of the property.
The court had agreed to the suggestion and asked Waziri to get instruction from the Board on the ASI's suggestion and clarify what all rights it would like to be protected.
The Bench had emphasied that Jama Masjid was a part of history and culture of Delhi which needed to be preserved and clarified that the religious practices would not be disturbed.
The court said if it was declared a protected monument, construction activities within 100 meters of the structure would be prohibited and it would be regulated in a further 200 meters leading to its better maintenance.<!--QuoteEnd--><!--QuoteEEnd-->