Delhi High Court slams Shahi Idgah committee for “playing communal politics in court” over Jhansi Rani statue

The Delhi High Court on Wednesday demanded an apology from the Shahi Idgah Managing Committee for making "scandalous" submissions against a single judge who had recently declared certain disputed land as belonging to the Delhi Development Authority (DDA) and not the mosque.

The Court took strong objection to certain lines that were part of an application filed by the mosque committee, which questioned the correctness of a single-judge judgment by which the DDA was also allowed to install a statue of the Maharani of Jhansi at the Shahi Idgah Park.

When the matter was heard today, a Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela censured the committee for giving a communal colour to the dispute and demanded that it issue an apology by tomorrow for such conduct.

“Communal politics is being played through the court! ... You are projecting the case as if it is a religious issue, but it is a law and order situation," Acting Chief Justice Manmohan remarked.

“It’s a matter of immense pride to have the [Rani of Jhansi] statue. We talk about woman empowerment these days and you have an issue," Justice Gedela said.

“She’s a national hero, cutting across religious lines. Petitioner (mosque committee) is drawing communal lines and using the court. Let’s not divide on communal lines. Your suggestion itself is divisive. If the land belonged to you, you should have volunteered to install the statue yourself!” Acting Chief Justice Manmohan added.

The Shahi Idgah Committee's counsel had argued today that installing the Maharani of Jhansi statue facing the Shahi Idgah could create a law and order situation in the area.

He submitted that the Delhi Minority Committee had earlier passed a status quo order and the statue cannot, therefore, be installed. He added that this order by the Minority Committee was not challenged before the single judge and so this order would still apply.

He further submitted that an alternate site had been identified by the DDA and Municipal Corporation of Delhi, where the statue could be installed instead. 

The hearing took a more dramatic turn, however, after the DDA's counsel drew the Court's attention to certain “scandalous” paragraphs in the Committee's pleadings, which he said were directed towards the single judge who recently declared that the land under dispute belonged to DDA. 

The Division Bench ordered the Shahi Idgah Managing Committee to give an apology letter by tomorrow for making such submissions.

After the Court's censure, the Committee's counsel sought permission to withdraw the appeal, apart from agreeing to issue an unconditional apology.

The Court will hear the matter next on September 27.