Court rebukes Hindutva NGO over mosque petitions
Delhi High Court warns group against targeting Muslim sites through repeated lawsuits, citing misuse of public interest litigation
NEW DELHI, India (MNTV) — The Delhi High Court has sharply criticized a nongovernmental organization for repeatedly filing public interest litigations (PILs) alleging encroachments by mosques, dargahs and waqf properties, warning against what it described as misuse of judicial process in sensitive religious matters.
A Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia expressed concern that the NGO, Save India Foundation, appeared to be focusing disproportionately on Muslim religious structures in India’s capital.
The judges also objected to comments made outside court, cautioning lawyers against amplifying ongoing proceedings through media appearances and social media commentary.
Public interest litigation is a distinctive feature of India’s legal system that allows individuals or groups to approach courts on matters of public concern. Over the years, PILs have been used to advance environmental protection and civil rights — but they have also increasingly featured in politically charged disputes involving religion and land ownership.
The case comes amid heightened scrutiny of Muslim religious properties across several Indian states, where authorities have launched demolition and anti-encroachment drives. Civil rights advocates say such actions have disproportionately affected minority communities, particularly Muslims, in a political climate shaped by Hindu nationalist ideology.
In a separate petition heard the same day, Mohd Kamran, head of the Civilian Welfare Charitable Trust, accused Save India Foundation and another group of filing what he described as frivolous PILs aimed at fueling communal tensions.
His plea referenced an attempted demolition near Masjid Faiz Elahi at Turkman Gate, a historic neighborhood in Old Delhi with a large Muslim population.
Kamran argued that neither the mosque’s managing committee nor the Delhi Waqf Board — the statutory body overseeing Islamic endowments — had been made parties to earlier proceedings. Waqf properties in India are religious endowments dedicated for charitable or religious purposes under Islamic law, often administered through state-recognized boards.
The High Court declined to issue immediate relief but advised Kamran to seek formal inclusion in the pending cases. In another related matter, Save India Foundation withdrew a petition challenging a decades-old notification declaring certain properties as waqf land after the Bench warned against wasting judicial time and “misuse of the process.”
The court’s remarks reflect broader tensions in India, where legal disputes over land, heritage sites and religious structures frequently intersect with identity politics and debates over minority rights.
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