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Akbarabadi Mosque case: Civic agency slams
police in court
Friday October 12, 2012 08:44:31 AM,
IANS
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New Delhi: The north
Delhi civic agency Thursday told the Delhi High Court that police
had failed to help it in removing illegal construction from the
site of a purported mosque excavated near the historic Jama Masjid
here.
The North Delhi Municipal Corporation agency sought the direction
of the court to the central government to provide paramilitary in
case police failed to provide assistance for removal of the
illegal structure.
The structure was allegedly built by legislator Shoaib Iqbal at
the excavation site at Subhash Park, near the Jama Masjid, where
the ruins of a purported 17th century mosque were unearthed.
The civic agency filed an application saying that police were not
co-operative and blamed them for failing to comply with the
court's July 30 order for giving protection to the demolition
team.
A special bench of Justice Sanjay Kishan Kaul, Justice Rajiv
Shakdher and Justice M.L. Mehta reserved the order after hearing
all the parties.
Police, who have been reluctant on the demolition on the grounds
of apprehension of breach of peace, asked the court to keep its
July 30 order on demolition in abeyance till the Archaeological
Survey of India (ASI) filed its final report on the remains of a
building found at the excavation site.
Showing helplessness to provide force to the North Municipal
Corporation of Delhi to remove the structure, as directed by the
court, police earlier cited their pre-occupation with security
arrangements in the month of Ramadan and ahead of the Independence
Day.
The ASI sought more time to file the final report. It told the
court that the illegal structure was required to be removed first
for it to start the excavation at the site.
The ASI counsel told the court that IIT-Kanpur, which had been
asked to carry out a 'ground penetrating radar survey' to detect
the structure below the surface "had fixed Oct 20 to conduct the
survey and after it completes the work, the ASI would file its
final report by the month-end".
Counsel appearing for Iqbal told the court that the structure was
built by the locals but not at his instance and the court should
pass any order after the ASI's final report.
The court July 30 asked the ASI and the civic agency to remove the
structure, and instructed police to provide protection to the
demolition team.
The construction had come up over the purported ruins of another
structure believed to be from the Mughal era. It had surfaced
during the digging work for a Delhi Metro station.
The court handed over the site to the ASI to ascertain if the
ruins were indeed the remains of the Akbarabadi mosque from the
Mughal era.
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