Delhi High court ordered immediate demolition of Illegal Mosque made by Delhi Jihadis at Subhas Park with the help of a Congress Muslim MLA.

ASI, Delhi Municipal Corporation told to remove illegal Mosque at Subhash Park, New Delhi.

ASI, corporation told to remove building

Abhinav Garg, TNN Jul 31, 2012, 03.01AM IST || NEW DELHI: The Delhi high court on Monday asked Archaeological Survey of India and North Delhi Municipal Corporation to "implement" their decision to remove illegal construction raised at a site in Subhash Park near Jama Masjid.

Citing a July 19 letter written by ASI to North Delhi Municipal Corporation where ASI asked the civic agency to immediately remove unauthorized construction from public land, a full bench of acting Chief Justice A K Sikri and Justices S K Kaul and Rajiv Shakdher said both agencies must "implement the statutory mandate" with police assistance.

ASI had asked the corporation to remove the unauthorized construction within 15 days of the receipt of the notice, failing which the heritage body would remove it. In response, the corporation indicated its willingness to remove the construction as it fell within the regulated area of Red Fort.

The full bench also pulled up MLA Shoaib Iqbal and his conduct, reminding him that the State is not supposed to advance the cause of one religion to the detriment of another. "At least, an elected member of the Assembly, who belongs to the ruling government, and, thus, a part of the State, should not have resorted to illegal construction. The State has no religion," the bench said, asking police to immediately book miscreants who damaged public property and attempted to create a communal atmosphere at the site. "It is high time that such a group is made accountable both in civil law and criminal law," the court said.

The bench added it is for ASI to decide how it wants to carry out its task and said it has full authority to undertake further digging at the site if required. HC also made it clear even if some pre-existing religious structure is unearthed at the site by ASI, the land will still be a public land and ASI will be the sole authority to decide to what use it puts the site to.

Asking ASI to submit its first report in a sealed cover by October 11, the court said, "ASI should begin its task in right earnest with all technical assistance."

Extending its order restraining construction at the site, the court directed the corporation and police to assist ASI and ensure that the area is cordoned off. HC also asked police to prevent rumour mongering so that any endeavour to give communal overtones is stopped. "All measures as are necessary to do so will be taken," the judges said and declined a plea to allow people to offer prayers for Ramzan or perform puja at the site.

Following the purported discovery of the remains of the Mughal era Akbarabadi Mosque during digging by Delhi Metro, local people led had begun building a mosque there earlier this month.

"We'll plan the demolition drive in consultation with police. We will soon write to Delhi Police to provide us adequate security," said PK Gupta, commissioner, North Delhi Municipal Corporation.

Courtesy: Times of India.

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