The Delhi High Court has rejected a petition opposing the installation of a statue of Rani Lakshmi Bai in Shahi Idgah Park, located in the Sadar Bazar area. Justice Dharmesh Sharma dismissed the plea filed by the Shahi Idgah Managing Committee, stating that the committee’s claims lacked a legal basis.
Court’s Ruling on Legal Rights and Jurisdiction
In its ruling, the court asserted that the petitioners had no legal or fundamental right to obstruct the installation of the statue, which is being undertaken by the Municipal Corporation of Delhi (MCD). Justice Sharma remarked, “This Court does not see as to how their right to offer prayers or perform any religious rites is being endangered in any manner.”
The court also criticized the status quo order issued by the Delhi Minority Commission, labeling it as lacking jurisdiction. It further clarified that the parks and open grounds surrounding the Shahi Idgah are under the jurisdiction of the Delhi Development Authority (DDA), which is responsible for their maintenance and management.
The petition, filed by Haji Shakir Dost Mohammad, President of the Shahi Idgah Managing Committee, sought to prevent any encroachment on Waqf property, including Idgah Park, and to stop the installation of the statue. The committee expressed concern that the installation would occur on Waqf property and called for the statue to be relocated to an alternative site identified by the DDA.
Background of the Dispute
The court noted that the committee had raised objections after discovering excavation work being conducted at the site, purportedly to install the statue. The petitioners argued that such actions would not only encroach on Waqf property but could also lead to public unrest.
In its judgment, the court highlighted that the surrounding parks are DDA property, intended for recreational use by the public, and reiterated that the DWB does not have authority over the park for purposes beyond religious activities. Ultimately, the court emphasized that it cannot interfere with the MCD’s administrative decisions regarding the statue’s relocation, despite concerns about potential law-and-order issues.
