[Reader-list] Jangpura mosque demolition, a biased action

[Javed]

While I am not a votary of mosques, nor do I support illegal
constructions of any religion, this event seems to be based on the
aastha of demolition squad rather than a court order, as was initially
claimed by the DDA and Delhi police.

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Jangpura Masjid: High Court did not order demolition
LG approved 'Religious Committee’s' recommendations which are not
being divulged despite pending RTI Petition
By Dr Syed Zafar Mahmood, The Milli Gazette Online
Published Online: Jan 14, 2011

New Delhi: On 12 November 2010, I happened to offer Friday namaz for
the first time in Masjid Noor of Jangpura in New Delhi. Imam Saheb was
telling the audience that there was threat of demolition of the
masjid. After the namaz was over, I told my staff to stay back and
collect details from Imam Saheb. Within the next few days we received
copies of some related documents. A thorough study thereof revealed
that there was something amiss. Delhi Government’s Home Deartment had
written to the DDA that the Lt. Governor’s Religious Committee had
recommended the demolition of the masjid. On 19 November, Zakat
Foundation of India (ZFI) wrote to the Lt. Governor asking him under
the RTI Act as to who are the members of the Religious Committee,
names and addresses of the members who attended the relevant meeting
held on 16 June 2009, copy of the minutes of the meeting and copy of
the paper on which the Lt. Governor approved these minutes. On 25 Nov
2010. the LG Secretariat forwarded the ZFI’s RTI petition to the
Commissioner-cum-Secretary of DDA asking him to provide the required
information to ZFI. On 1st Dec 2010, DDA’s Sr RO (RTI) forwarded the
ZFI’s petition to the DDA’s Deputy Director (NL)-I. The LG Secretariat
also advised the ZFI to file a separate petition to Delhi Government’s
Home Department as some of the queries were to be answered by them. On
2nd Dec ZFI sent another RTI petition to Delhi Government’s Home
Department seeking the same information as sought earlier from the LG.
No response has since been received either from DDA or from Delhi Home
Department.

The matter had reached this stage while, using huge police force, DDA
demolished the masjid on 12 January 2011. In the Gazette Notification
of Delhi Government dated 25 September 1975, in Khasra no. 633 at
entry no. 20 is mentioned the Muslim graveyard measuring 6 bigha 13
biswa. The notification is signed by the Secretary, Delhi Wakf Board
which also has copy of Jamabandi of 1947-48 showing the land as Muslim
graveyard. On 26 August, 2010, Delhi Wakf Board wrote to the Director
(LM) of DDA that the impugned piece of land is duly notified in the
Delhi Gazette of 1975 and is entered in the Jamabandi of 1947-48. The
masjid has existed there for several decades. Copies of Gazette and
Jamabandi were provided to DDA. The Board told DDA that the local
Muslims were apprehending demolition of masjid by DDA and requested it
that no demolition should take place as it would be illegal and will
violate the religious rights of Muslims.

Now the demolition has occurred under the pretext of Delhi High Court
order dated 9 July 2008 in WP© No. 9358 of 2006. This writ was filed
in 2006 by the Jangpura Residents Association so that the unauthorized
construction and encroachment on the adjoining Nala and the public
land could be removed and it could be restored as green area. Since
then MCD has been intermittently submitting status reports to the High
Court. The court order further observed that the status report dated
30 July 2007 shows that the de-silting of the Nala was completed in
June 2007. Encroachments had been removed and the land had been
developed. Later, on 7 July 2008, Jangpura Residents Association filed
a fresh application before the High Court for issue of directions to
the respondents to remove all other structures including the masjid.
However, having examined the photographs filed by the Association it
appeared to the Court that most of the unauthorized structures have
been removed and there is a boundary wall constructed to ensure that
no further encroachment takes place. It is stated by the counsels for
the Petitioners that any further grievance that the Petitioner may
have, including those made in the present application, will be
promptly looked into and appropriate action taken thereon. ‘In view of
this statement, this Court does not consider it necessary to continue
to monitor the progress of the implementation of its directions.’

Thus, the High Court did not order the demolition of the masjid. The
Lt. Governor, DDA and the Delhi Government Home Department have not
yet divulged the minutes of the meeting of the Religious Committee
held on 16 June 2009 nor the names and contact details of those who
attended the meeting. On the other hand, the Delhi Wakf Board had
informed DDA on 26 Oct 2010 that the 30-year-old masjid is located at
a land owned by Delhi Wakf Board as per 35-year-old gazette
notification and the Jamabandi of 1947-48. Even then, using massive
police force, DDA committed the gross illegality injuring the
sentiments of millions of Indian Muslims.

Muslims have thus started feeling that the current governments in
Delhi and at the Centre have no place for them in their heart. Sachar
Committee report  and PM’s 15 Point Programme for Minorities worked as
a show piece. These have mostly not been implemented. Muslims are not
nominated @ 13.4 % wherever the Government has discretion. Government
officers are not sensitized toward Muslims. Many a time their
prejudice continues against Muslims as in the case of Masjid Noor of
Jangpura, New Delhi. The officials found guilty for this demolition
should be punished. Masjid should be reconstructed. Monitoring
Committees of Muslims and other minorities should be constituted to
oversee the implementation of the welfare schemes.

See all the legal documents on this link:
http://www.milligazette.com/news/307-jangpura-masjid-high-court-did-not-order-demolition-delhi-mosque