The Delhi High Court.
Credit: PTI File Photo
New Delhi: Stating that Maharani Lakshmi Bai is not a religious figure, the Delhi High Court on Tuesday questioned the opposition to the installation of her statue by the MCD at the Shahi Idgah Park at Sadar Bazar here and said it does not want the issue to become a "flashpoint unnecessarily".
A bench headed by Chief Justice Manmohan stated this while hearing an appeal by the Shahi Idgah Managing Committee against a single judge’s order refusing to restrain the installation of the statue of the freedom fighter.
"Why is passion so high? We are not able to understand the opposition... you must volunteer rather than the court passing an order. She is not religious (figure)," the court remarked.
The bench, also comprising Justice Tushar Rao Gedela, deferred the hearing till October 4 and asked the senior counsel appearing for the appellant to speak to his client.
"We want you to speak to your client. We don't want a flashpoint unnecessarily in the city. We don't want to force something down your throat. Why should it become a flashpoint?" the court told the senior lawyer.
While agreeing that Lakshmi Bai was a national figure, the counsel for the appellant submitted that the park is used for a certain religious programme when prayers are offered there.
The court also deleted certain objectionable averments in the plea after the appellant sought their removal and tendered an unconditional apology.
On September 25, the court had said Lakshmi Bai was a national hero and history should not be divided on communal politics, as it pulled up the Shahi Idgah Managing Committee for making “scandalous pleadings” in its plea.
The court had taken exception to certain paragraphs against the single judge in the appeal, calling them “divisive”.
Earlier, the single judge had rejected a petition by the committee which sought directions to the civic authorities not to encroach upon the Shahi Idgah, claiming it to be a Waqf property.
The committee referred to a gazette notification published in 1970 which said that the Shahi Idgah Park is an ancient property built during the Mughal period, which is being used for offering namaz.
It was submitted that such a vast property could accommodate as many as 50,000 namazis at one time.
The single judge had said that the petitioner committee has no legal or fundamental right to oppose the maintenance and upkeep of the parks or open ground, surrounding the Shahi Idgah, by the DDA and thereby oppose the installation of the statue by the MCD.