A division bench of Justices A S Oka and S S Jadhav was hearing a petition filed by Dargah Hazrat Khwaja Mansurul, a dargah located in Bhandup, against the Pakistani national, Sayyed Waseem-ur-Rehman Shah and other authorities, alleging that Shah is trying to usurp the dargah land from them, even though his role in the dargah is limited to that of a spiritual guide.
Appearing for the petitioners, counsel Rajiv Patil and lawyer Ajit Kenjale, submitted that Shah makes "inflammatory speeches" and following a private complaint before Magistrate's court, the court had directed for registration of FIR against Shah.
When the bench inquired with Additional Solicitor General Kevic Setalvad what steps had been initiated by the Union Government against Shah, Setalvad said it has not been brought to the notice of the Centre that offences have been registered against Shah.
"Why hasn't the state government informed the concerned department of the Union government about the case? Isn't it required for you (state) to do so?" Justice Oka said.
Additional public prosecutor Ajay Gadkari assured the court that they would do it immediately.
The court also noted that it took the police three months to register the FIR in the case. "The magistrate order directing registration of FIR was passed in July but the case was lodged only in October," Justice Oka said directing the police to file an affidavit explaining the delay by December 12.
The court was also irked by the huge crowd of Shah's disciples present inside and outside the courtroom. Stating that it would not be deterred by a mob, the bench asked Shah's lawyer to advise his client from bringing such huge crowds and obstructing court decorum.
"We had to call the police to manage the crowd. Courtrooms adjacent to ours are also getting disturbed because of this crowd," Justice Oka said.
