Delhi High Court Rebukes Save India Foundation, Calls Repeated PILs Against Mosques and Dargahs a ‘Misuse of the Court’

On Wednesday, the Delhi High Court sharply reprimanded an organization named Save India Foundation for repeatedly filing public interest litigations (PILs) alleging encroachments by mosques and dargahs in the national capital. The court observed that such routine PIL filings constitute a misuse of the judicial system and that targeting only one type of religious structure is a matter of serious concern.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia censured the NGO and its lawyer, Umesh Chandra Sharma, stating, “Every week, you go around the city and file a PIL against some religious structure.” The court further questioned whether the organization’s real aim was to enter the Guinness World Records, rather than addressing pressing societal issues such as lack of clean drinking water and hunger.

During the hearing, it emerged that one of the two PILs listed on Wednesday related to Jama Masjid and the Madrasa Giri Nagar, alleging that these structures had occupied “green, secular” government land. The NGO’s counsel argued that previous complaints had been lodged without any action being taken.

Representing the Delhi government, advocate Samir Vashisth stated that, according to local authorities, the case did indeed involve encroachment. Senior advocate Sanjay Ghosh, appearing for the Delhi Waqf Board, countered that the mosque was a notified structure and that the Delhi Development Authority (DDA) had been involved in delineating the land boundaries.

The court expressed displeasure over the manner in which the NGO was filing PILs, noting that such petitions interfere with judicial proceedings. The matter has been scheduled for further hearing on 21 January.

Filing PILs regarding encroachments on government land has previously sparked controversy. The court emphasized that PILs are acceptable only when they address genuine public interest and not when they serve as repeated, one-sided campaigns against a specific community or structure.

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