Author: PTI
Publication: The Hindu
Date: May 27, 2005
URL: http://www.hindu.com/thehindu/holnus/001200505270330.htm?headline=HC~criticises~Centre%27s~stand~on~Jama~Masjid
The Delhi High Court on Fridaycriticised
the Centre for maintaining silence over the ownership of the Jama Masjid
despite funding its maintenance but not declaring it a protected monument.
A Bench comprising Chief Justice
B C Patel and Justice S K Kaul took strong exception to the fact that though
records, documents and the 1970 Government notification showed Jama Masjid
as the property of Delhi Wakf Board, the files produced by the Centre did
not mention that the medieval monument has been under the control of the
Wakf.
"Only in the file produced by the
Centre we find no mention of the Wakf Board. Though in the notification
issued by the Government on April 16, 1970, it is shown that Wakf Board
is the competent authority to maintain the property," the Bench said.
Wakf's counsel Najmi Waziri placed
the records and documents showing that since the begining of the 19th century
Jama Masjid has been under the control of the Board which also has been
paying salary to the Imams.
During the hearing the Bench repeatedly
asked Additional Solicitor General P P Malhotra as to who is the owner
of the property and if the Government is not the owner how it was funding
for its repair and renovation.
At one point of time, the ASG even
went to the extent of saying that "God is the owner of the property". This,
however did not please the Bench which said "it is the duty of the Government
to see that rightful owner is made to see the maintenance of historical
monument".