Is Mughal-era mosque near Qutub Minar a protected monument? Delhi High Court asks Archaeological Survey of India

The Archaeological Survey of India (ASI) has been directed to inform the Delhi High Court whether or not a Mughal-era mosque situated near Qutub Minar is a protected monument and if prayers can be offered there [Managing Committee of Delhi Waqf Board v. Union of India & Ors]..Justice Prateek Jalan was hearing a plea filed by the managing committee of the mosque against the authorities’ decision to stop people from offering prayers at the mosque. “On the basis of these submissions and the preliminary submissions advanced by counsel for ASI, it appears that the issues to be considered include inter alia whether the mosque is included in the protected area under the notification dated January 24, 1914, and if so, the consequence thereof with regard to permissibility of worship at the mosque,” stated the order passed on July 20..The petitioner committee, appointed by the Delhi Waqf Board, contended that the mosque does not fall within the protected monuments as notified by the ASI in a 1914 notification, and that prayers were being offered there until May 13, 2022. On that date, the authorities stopped prayers at the mosque without any notice, let alone intimation to the managing committee. The Court noted that the mosque in question was different from the Quwwatul Islam mosque in the Qutub Minar complex, which is the subject matter of a suit filed before the Saket district court. After hearing the parties, the Bench directed,“Counsel for the parties are directed to file their written submissions, along with copies of any authorities upon which they wish to rely within three weeks from today.” .While posting the matter for hearing on October 13, the Court also ordered the ASI to produce any available records in relation to the issuance of the 1914 notification.Advocates M Sufian Siddiqui, Rakesh Bhugra, Kumar Satish Shah, Alya Veronica represented the petitioner. Standing counsel Wajeeh Shafiq and Advocate Ramsha Shan appeared for the respondent..[Read Order]