The Delhi High Court on Wednesday expressed displeasure over an NGO named Save India Foundation filing repeated public interest litigation (PILs) petitions alleging encroachments by mosques, dargah and properties belonging to the waqf and then commenting on the matters on social media.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia remarked that it knew what was happening outside the court, and it is for the counsel appearing for the organisation to sensitise his client and himself.
“Let’s not talk about the social media and all. We know what is happening every day… It is for Mr Sharma [Save India Foundation lawyer] to sensitise his client. It is for Mr Sharma to sensitise himself. We don’t know whether the words are falling on his ears or not it is. It’s a very bad practice. Matter is being heard here, and the counsel will go outside and start giving interviews,” the Court remarked.
It added that parties must not heighten the passion of the public in matters like these.
“Avoid it. You are already before a court. Whatever you have to say, convey your arguments to the court. Now that the matter is over, we will only request, rather appeal, not to heighten the passions,” the Bench said.
Even earlier, the Court had criticised the NGO for targeting masjids and dargahs. This was during a hearing on January 14.
Today, the Court was hearing a PIL against Save India Foundation, another NGO named Sewa Nyaya Utthan Foundation and others, alleging that they were filing frivolous petitions in the court to “target the religious places for their political ambitions and keep the communal tensions boiling”.
The plea by one Mohd Kamran, head of a Civilian Welfare Charitable Trust, referred to attempted demolition by the Municipal Corporation of Delhi (MCD) near Masjid Faiz Elahi at Turkman Gate.
It was stated that the demolition was being carried out after a High Court order directing action against encroachments. The Court was misled and neither the managing committee of the mosque nor the Delhi Waqf Board was made a party to the case, violating the PIL rules, Kamran stressed.
He sought directions to stop the action against Faiz Elahi mosque, impose costs on the NGO Save India Foundation, and pass orders to strengthen the High Court PIL rules to curb misuse of PILs to target muslim religious structures.
However, the Court refused to pass any orders, adding that Kamran can file an application for impleadment in the existing petitions.
Meanwhile, another PIL filed by the NGO also came up for hearing before the Court today. The plea challenged a 1980 notification allegedly declaring certain properties as Waqf properties. It was stated that the subject land was a park.
However, the Court said that it cannot issue a declaration that the properties are not waqf properties. It noted that its time was being wasted in dealing with these cases and warned the NGO not to test the Bench’s patience.
“Don’t test our patience. We have been very tolerant with you, but this is sheer misuse of the process,” the Court remarked.
Ultimately, the NGO withdrew the plea.
Senior Advocate Jatan Singh appeared for petitioner Mohd Kamran.
Senior Advocate Sanjoy Ghose represented the Delhi Waqf Board.
Additional Solicitor General (ASG) Chetan Sharma represented the Union of India.