Yesterday, Delhi High Court directs the Archaeological Survey of India (ASI) to produce any records available with respect to a January 1914 notification pertaining to the Mughal Mosque situated near Qutub Minar.

A single judge bench of Justice Prateek Jalan said, “The ASI is also directed to produce any records available with it with regard to the issuance of the notification dated January 24, 1914.”

In the said matter, the Delhi High Court was hearing a plea submitted by the managing committee of Mughal Mosque seeking an order restraining the respondents, including the Centre and ASI, from obstructing the offering of namaz.

 “In all protected monuments all over the country no worship is permitted”, said Court.

The ASI’s counsel said that “he will seek instructions”.

Justice Jalan also observed that the issue to be considered is whether the mosque in question is “included under the protected area notification of 1914”, and if so, whether the “consequence” of this is that “permissibility of worship at the mosque is to be prohibited”.

The matter is next listed on October 13.

“It is made clear that learned counsel for the parties have all submitted that the mosque in question is different from the Quwwat-ul-Islam Mosque in the Qutub Minar complex which is the subject matter of a civil suit before district court Saket,” the HC noted while directing the parties to file their written submissions in the matter.

Advocate M Sufian Siddiqui, counsel for the petitioner-managing committee, said that the mosque does not fall within the protected monument notified by the ASI through its notification dated January 24, 1914.

He contended that namaaz was being offered at the mosque in question from its establishment until May 13, 2022, when it was stopped by the ASI. He further said that “no notice” was issued even to the managing committee of the mosque in this regard.