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Tell legislator to remove structure near Jama
Masjid: court urged
Tuesday August 07, 2012 05:59:43 PM,
IANS
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New Delhi:
Delhi Police Tuesday moved the high court seeking direction to
legislator Shoaib Iqbal to remove the structure built by him in
Subhash Park, near the Jama Masjid, where the ruins of a 17th
century mosque were unearthed.
Showing its helplessness to provide force to the North Municipal
Corporation of Delhi to remove the structure, as directed by the
court, police said it is the month of Ramzan and if their
application is not allowed, it might result in disturbance of
peace.
"Appropriate orders/direction be issued to Shoiab Iqbal, MLA
(legislator) to remove unauthorised
construction/obstruction/nuisance at the site of Subhash Park
under the supervision of Archaeological Survey of India (ASI),"
said Delhi Police in their application while seeking modification
of the court's earlier order and extension of time for its
compliance.
Police also noted that the Independence Day celebrations are also
approaching, for which security arrangements are to be made and
police deployed in the area.
"Additionally, Baba Ramdev and his team have also booked the
Ramlila ground from July 25 to Aug 30 for his 'Anshan' (fast)
which will start on Aug 9," the police application said.
"The applicant is bound to manage all the above throughout the
month of August. Each of the aforementioned events would need
massive deployment of police force for maintaining peace, law and
order. As such, special efforts would have to be made to ensure
peace and tranquillity in the area," the plea added.
Contending that Section 20A (2) of the Ancient Monuments and
Archaelogical Sites and Remains Act, 1958, barred any person,
other than archaeological Officer, from carrying out construction
in any prohibited area, Delhi Police submitted that this and the
court's finding, specifically noting that Iqbal resorted to
construction, made it apparent that he was in breach of the
provisions.
"Discussions were held with some respectable and knowledgeable
persons in this area and they had suggested that since the action
of demolition of unauthorised construction might disturb communal
harmony, at this time being the holy month of Ramzan, the same
should be postponed," the petition added.
Additional Solicitor General (ASJ) Sidhartha Luthra, appearing for
Delhi Police, urged the court to hear the matter on Aug 9 but the
court posted the matter for Aug 17.
A special bench of Acting Chief Justice A.K. Sikri, Justice S.K.
Kaul and Justice Rajiv Shakdher earlier asked the ASI to implement
its order dated July 19 in which it directed the North Delhi
Municipal Corporation to remove the unauthorised construction
within 15 days.
People in areas close to Jama Masjid started the construction of a
mosque at the Subhash Park after a building's remains were
discovered in early July during excavation for Delhi Metro work.
The area people claimed that the remains were those of the 17th
century Mughal-era Akbarabadi mosque.
According to the ASI, Subhash Park fell within the restricted zone
of two protected heritage sites -- Sunehri Masjid and Red Fort --
and any construction in the area required permission from the
National Monuments Authority.
It also said that construction at the excavated site was illegal
under the provisions of the Ancient Monuments and Archaeological
Sites and Remains Act.
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