SC orders status quo at excavated site near
Jama Masjid
Wednesday October 31, 2012 10:40:31 AM,
IANS
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New Delhi: Pulling up
a legislator for taking the law into his hands, the Supreme Court
Tuesday ordered status quo over a structure built near the
excavated remains of a purported Mughal-era mosque near the
historic Jama Masjid here.
An apex court bench of Chief Justice Altamas Kabir, Justice S.S.
Nijjar and Justice J. Chelameswar asked all the parties to
maintain status quo till Thursday when the matter would come up
for hearing.
The court order on status quo came on the petition by Delhi
legislator Shoaib Iqbal challenging the Oct 19 Delhi High Court
order directing the demolition of the structure in Subhash Park.
The high court Oct 19 reiterated its July 30 order, directing the
demolition of a wall constructed allegedly by Iqbal and his
supporters for what they called protecting the purported mosque,
whose remains were discovered during digging by Delhi Metro.
Ordering status quo, Chief Justice Kabir said: "We would like to
hear the views of the ASI (Archaeological Survey of India, the
Delhi government and the Union of India and, thereafter, we will
go into the details."
The court pulled up Iqbal and said: "Why did you take the law into
your hand? You think that you can do anything you like. Why did
you do that. Duty is not cast upon you to do illegal things."
Chief Justice Kabir slammed Iqbal when senior counsel Anoop
Chaudhari, who appeared for Iqbal, mentioned the matter in the
post-lunch session in the court.
"You could have taken injunction but you take law in your hand,"
Chief Justice Kabir told Chaudhari.
The senior counsel urged the court to rule that the wall built to
protect the mosque's remains be preserved till the high court
decided the issue. Chaudhari told the court that no activity was
going on at the site.
On a poser, the court was told that it was a public land and was
being used as a park.
Iqbal in his petition contended that the demolition of the wall
may lead to "communal violence, disruption of peace and harmony
through out the country...". He said that this was also the view
of police.
Some residents claim that the excavated remains are that of the
17th century Mughal-era Akbarabadi mosque. The high court has
asked the ASI to verify the claim.
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