Sunehri Masjid: Jamaat-e-Islami Hind Legally Challenges Demolition Move

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It's crucial to note that the traffic police letter does not explicitly state that demolishing the mosque is necessary for traffic management; instead, it attributed the increased traffic to the new construction activities in close vicinity of the mosque.

Mohammad Alamullah | Clarion India

NEW DELHI — The fate of the historic Sunehri Bagh Masjid hangs in the balance as a premier Muslim organisation, Jamaat-e-Islami Hind (JIH), and the imam of the mosque in South Delhi, Abdul Aziz, on Thursday launched a legal challenge to the New Delhi Municipal Corporation’s (NDMC) decision to demolish the place of worship.

The controversy stems from NDMC’s claim that the mosque is disrupting traffic near Central Secretariat.

Jamaat-e-Islami Hind’s assistant secretary, Inamurrahman Khan, has filed a Public Interest Litigation (PIL), while Abdul Aziz, with 20 years of service as the mosque’s imam, filed an individual petition naming the Delhi Waqf Board as a respondent.

The NDMC’s move follows a public notice seeking “objections and suggestions” regarding the proposed removal of the mosque. The NDMC contends that the decision is based on concerns raised by the Delhi Traffic Police about increased traffic load in the Sunehri Bagh roundabout area due to new construction.

However, it’s crucial to note that the traffic police letter does not explicitly state that demolishing the mosque is necessary for traffic management; instead, it attributes the increased traffic to the new construction activities in close vicinity of the mosque.

The petitioners argue that the NDMC has hastily opted for the extreme measure of demolishing the mosque without exploring alternative engineering solutions, such as narrowing footpaths and addressing the issue of illegal parking. They have challenged the veracity of the traffic police’s claims, asserting that there is no substantial traffic issue in the Sunehri Bagh area.

Earlier surveys conducted by the NDMC in July and August, prompted by the traffic police’s letter, raised concerns for the Delhi Waqf Board, leading to a high court petition. The court disposed of the petition on December 18 after NDMC assured compliance with the existing laws.

However, within a week, NDMC issued a notice seeking public opinion on the demolition, receiving over 1,000 responses, mainly from Muslim individuals and organisations, opposing the mosque’s removal.

The petitioners argue that public opinion on religious matters may set a dangerous precedent, potentially leading to chaotic situations nationwide.

The Sunehri Bagh Masjid holds historical significance as one of 886 heritage buildings in Delhi. It is also one of the 42 mosques and Muslim graveyards handed over to the Muslim community through agreements dating back to 1942-1945.

The petitioners assert that NDMC’s notice violates court proceedings related to the ownership of 123 Waqf properties, including Sunehri Masjid. They argue that the mosque, being a place of worship, is protected under the Place of Worship (Special Provisions) Act, 1991.

Imam Abdul Aziz and JIH have presented suggestions, including alternative traffic solutions and a comprehensive traffic study, urging NDMC to reconsider the mosque’s demolition, emphasising its historical and cultural significance.

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