Also directs ASI, NDMC to implement their “mandate”
The Delhi High Court on Friday directed the Delhi Police to provide adequate force to the North Delhi Municipal Corporation to carry out its July 30 direction to remove the unauthorised structure on the claimed ruins of Akbarabadi Masjid at Subhas Park in the Walled City under the supervision of the Archaeology Survey of India.
In the July 30 order, the Court had directed the ASI and the NDMC to implement their “statutory mandate” and demolish the unauthorised construction.
The ASI in a notice to the Deputy Commissioner’s Office of the civic body had on July 19 ordered removal of the unauthorised construction raised at the site.
The notice said “…you are directed to remove the said unauthorised construction within 15 days of the receipt of this notice failing which the same will be removed at your cost”.
Observing that “we have no hesitation in saying that the endeavour to construct anything at site was misplaced as it was without any sanction or permission”, the Bench had said that “the said two concerned authorities with the assistance of police should, thus, implement the statutory mandate without fail”.
Passing a direction on a contempt of court petition by S.S. Sai Baba Om Jee, national secretary of Akhil Bharat Hindu Mahasabha, against Delhi MLA Shoaib Iqbal, the Union Government and the Delhi Police Commissioner for not implementing the July 30 order, a Division Bench of the Court comprising Justice Sanjay Kishan Kaul, Justice Rajiv Shakdher and Justice M.L. Mehta said, “We expect the Delhi Police and other authorities to comply with this mandate forthwith.”
The Court also dismissed an application by the Delhi Police seeking modifications of the July 30 order as well as that of Mr. Iqbal seeking appointment of a committee of eminent personalities to assist the work of the ASI and permission to offer prayer at the site.