In light of the ongoing controversy surrounding the installation of a statue of 'Rani Lakshmibai' in Shahi Idgah Park, the Delhi High Court asserted on Friday that 'Rani Lakshmibai is a national hero.'

The court also reprimanded the Delhi Shahi Idgah Managing Committee for exacerbating communal tensions.

The Delhi Shahi Idgah Managing Committee had earlier submitted a writ petition to the Delhi High Court opposing the installation of a statue of 'Rani Lakshmibai' within Shahi Idgah Park. Notably, the bench, consisting of Justice Manmohan and Justice Tushar Rao Gedela, strongly criticized the Delhi Shahi Idgah Managing Committee, insisting on the immediate withdrawal of their inflammatory pleadings, which were seen as efforts to incite communal tension.

The bench reiterated that, "We are talking about women empowerment and Maharani of Jhansi is a National hero. Don't do communal politics from history. The petitioner is using communal politics."

In response, the Muslim organization issued an apology and subsequently withdrew the petition. The committee's original petition had sought to prevent civic bodies, specifically the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD), from encroaching upon the Shahi Idgah and the adjacent parks and open areas, asserting that these locations areA part of Waqf property.

On September 23, a single bench of the Delhi High Court noted that "this petition lacks cause of action" while dismissing the appeal against the installation of a statue of the 'Maharani of Jhansi' in Shahi Idgah Park.

The bench, comprising Justice Dharmesh Sharma, rejected the committee's claim that the entire property belongs to the Shahi Idgah, and said,'' According to the short affidavit from the Delhi Waqf Board (DWB) It is acknowledged by the respondent No.4/DWB that the rest of the area i.e., the park surrounding the Idgah‟s boundary belongs to the Government i.e. respondent No.1/DDA, which has been maintaining it since very long."

In discussing the areas surrounding the Idgah, the court emphasized that these spaces fall under the jurisdiction of the Delhi Development Authority (DDA), noting that they are maintained by Horticultural Division-II of the DDA. The court stated, "It is solely the DDA's responsibility to allocate portions of the land for public use as it deems fit." 

In contrast, the committee referred to a notification published in the Delhi Gazette on April 16, 1970, declaring that the Shahi Idgah is an ancient property from the Mughal period. They argued that the open ground surrounding the Idgah is used for offering Namaz and can accommodate approximately 50,000 worshippers at once. 

However, the court pointed out that even the Delhi Waqf Board (DWB) does not permit the use of the park for any purpose beyond religious activities. The court further questioned the committee's standing to file the writ petition, stating, "This Court does not see how their right to offer prayers or perform any religious rites is being endangered by the installation." 

While the court acknowledged the core issue regarding the installation of the Maharani statue and its potential impact on law and order, it noted that the MCD Standing Committee had already decided to relocate the statue.

"The petitioner has no legal or fundamental right to oppose the maintenance and upkeep of the parks/open grounds. Surrounding the Shahi Idgah, by respondent No.1/DDA and thereby oppose the installation of the statue by respondent no.2/MCDat its behest", the court added.

For Petitioners: Senior Advocate Viraj R. Datar with Advocates Imran Ahmed, Sajid Ahmed, Haji Mohd. Iqbal, Shuaib Ahmed Khan, Mohd. Shad, Shrikant Singh and Shammi Alam Khan
For DDA: Standing Cunsel Shobhna Takiar with Advocate Kuljeet Singh
For MCD: Standing Counsel Manu Chaturvedi with Advocate Devika Singh Roy
For DWB: Advocates Tushar Shannu and Utkarsh Mishra

Case Title: Shahi Idgah (Waqf) Managing Committee v DDA and ors (2024:DHC:7324)