Delhi High Court today pulled up the Centre after it failed to produce relevant records, including the "first-title deed" of the high court premises, to ascertain the period of existence of a mosque there.
A bench of justices Pradeep Nandrajog and Pratibha Rani said the government's land owning agency had given the place for the construction of the court complex, "but we are surprised to know that they are unable to trace the original documents."
"One who sold the land and one who had purchased it, both do not have the first-title deed," the court noted.
It said if Urban Development Ministry (MoUD) fails to produce the title deed, then the chief of the Land and Development Office (LDO) would have to appear in person on next date of hearing and explain the issue concerned.
"Positively you (Centre) bring all the paper, or else ask the chief officer of Land and Development Office to remain present in court on April 27," the court said.
The court's oral direction came after central government standing counsel Anil Soni, appearing for MoUD and LDO, stated that they were unable to find the original documents in regard to the plea questioning whether the precincts of Delhi High Court can be used by any community to profess and practise their religion.
The court was hearing a public interest litigation filed by Ajay Gautam, who has alleged that religious activity in the mosque inside the Delhi High Court premises "has been going on for a long time without any formal approval ... From officials of the court or from any other competent authority".
"Direction be issued to respondents to produce relevant records containing letter/order by which land has been allotted for the construction of the Delhi High Court," the plea said, adding that the "layout plan originally conceived shall also be produced".
Earlier, the court had asked its registry to collect and place before it the original lease deed of the court complex. The registry had failed to do.
The petitioner has sought that directions to prohibit offering of prayers at the mosque as well as its demolition on the grounds that it was not an ancient structure. He claimed that in response to his RTI application, the Archaeological Survey of India on January 15 last year, had said that no ancient structure exists inside the Delhi High Court complex.
