Fuzail Ahmad Ayyubi 
The government’s website celebrating ‘Azadi ka Amrit Mahotsav’ has a separate section for the “unsung heroes of India’s freedom struggle”. Listed amongst these heroes is the famous Maulana Hasrrat Mohani. The Maulana, though initially elected on a Muslim League ticket, was a staunch opponent of the two-nation theory and was among those Muslims who decided to stay back in India, contributing significantly to the constitution-making process as a member of the Constituent Assembly.
His principles did not allow him to avail of any government allowances or accommodations. Even to attend the Constituent Assembly, he would choose to stay in mosques and ride in a shared tonga (horse carriage). One such mosque was a small but old one at the Sunehri Bagh Roundabout, in close proximity to Raisina Hill.
This small mosque at Sunehri Bagh, whose history reveals its survival even against Edwin Lutyens’ plan for New Delhi, has found itself in the eye of the storm over a century later.
The cause is a notice inviting suggestions issued by the New Delhi Municipal Corporation (NDMC) regarding a proposal for its removal. The proposal, as the notice indicates, is submitted by the Delhi Traffic Police, ostensibly for providing a “traffic engineering proposal to ensure sustainable mobility.”
It is undoubtedly true that the mosque is a Delhi Waqf Board property and has been standing tall for centuries. As pointed out by numerous historians, it is an important heritage structure not only for Muslims but also for the democratic history of our nation. It serves as a reminder of one of the unsung heroes of the freedom struggle, whom we celebrate during the Azadi ka Amrit Mahotsav. However, beyond the questions of religion and the rights of ‘minorities’ — a term that was not much to the liking of the Maulana either — a larger question of equality and reasonableness arises.
Also read: ‘Constant Attempt to Erode Medieval Architecture, Heritage’: Historians Org on Sunehri Bagh Mosque
If the issue genuinely pertains to traffic management, Lutyens’ Delhi is now marked by an abundance of such roundabouts, leading to occasional traffic congestion at various points throughout the day – an inherent characteristic of any major city worldwide. A notable instance is the GPO Roundabout, hosting the renowned Gole Dak-Khana within, and flanked by Gurudwara Bangla Sahib on one side and the Convent of Jesus and Mary on the other. During midday, on school days, this roundabout experiences significant traffic congestion. Similarly, lawyers returning from the Supreme Court to their offices during the lunch hour have learnt over time that it is best to avoid the Mathura Road turning near the Delhi Public School. Would such congestion — undoubtedly more pronounced than at the Sunehri Bagh roundabout — justify the removal of historical structures and even schools? The unequivocal answer is obvious.
In a nation governed by the rule of law, with its constitution built upon the founding principles of equality and fraternity, any state action is scrutinised based on the level of reasonability of the action with the intended objective.
The Sunehri Bagh roundabout accommodates a small historical mosque in one section, while the remainder is largely occupied by the unsightly mechanical vents of the Udyog Bhawan metro station situated directly beneath the roundabout. The site is also surrounded by a cluster of government buildings, including Vayu Bhawan, Udyog Bhawan, and Nirman Bhawan. Moreover, at least three entrances of the Udyog Bhawan metro station encircle the roundabout, attracting auto-rickshaws and other vehicles parked nearby.
While issues of architecture, heritage and history may be addressed appropriately by the experts of the field, the legal issue can be stated as to the reasonableness of the need for removal of the mosque when the structure itself cannot be blamed for whatever negligible traffic the wide roads in the Lutyens area may see. Equally, the proposal given by the Traffic Police lacks any intelligible differentia for the classification made in seeking removal of one structure while other areas of Delhi remain marred by worse traffic or any reasonable nexus to demonstrate how “sustainable mobility” is to be obtained by removal of a heritage structure.
Coming back to the Maulana, a lesser known fact of his life is that apart from being an astute statesman, parliamentarian and one of the prominent freedom fighters, he was also an Urdu poet of considerable skill and charm. The famous ghazal ‘chupke chupke raat din aansu bahana yaad hai’, immortalised in our memories in the voice of Ustad Ghulam Ali, was also his creation. While chupke chupke would ring a tune in anyone’s mind even though they may not be aware of the Maulana, given the subject one cannot resist the temptation to quote one of his lesser known couplets where he said “vāqif haiñ ḳhuub aap ke tarz-e-jafā se ham, iz.hār-e-iltifāt kī zahmat na kījiye” (Well aware I am of your tyrannies, please spare yourself from the trouble of stating the same).
Fuzail Ahmad Ayyubi is Advocate-on-Record Supreme court.