Brief Facts 

In the Case of Managing Committee of Delhi Waqf Board v. Union of India Managing Committee of a Mughal Mosque near Qutub Minar filed a writ suit under Article 226 of the Constitution seeking an injunction prohibiting the responding authorities from interfering with the mosque’s namaz

Argument Advance 

The petitioner argued that contrary to what the ASI had said in a notice dated 24 January 2014, the mosque did not qualify as a protected monument. The petitioner also argued that namaz was offered by the aforementioned mosque from its founding when it was discontinued by the respondent authorities, and that no notification was given in this respect, not even to the managing committee of the mosque.

Conclusion of the Court 

Justice Prateek Jalan of the Delhi High Court’s Single Judge Bench ordered the Archaeological Survey of India to submit all documents related to the issuing of the notice dated 24 January 1914.

The Court stated that, based on the respondents’ arguments, it appeared that the questions to be decided included whether the mosque was covered by the notification dated 24 January 1914’s protected area designation and if so, what that meant for the mosque’s ability to conduct religious services. The Court additionally ordered the ASI to turn over any records concerning the notification dated 24-1-1914 that may be in its possession. On October 13, 2023, the matter would be listed again.

CASE NAME – Managing Committee of Delhi Waqf Board v. Union of India, CM Appl. 11318 of 2023