Delhi Police Arrest 5 in Turkman Gate Mosque Clash; Tear Gas Used Amid Stone-Pelting During Court-Ordered Demolition Drive
The Delhi Police registered an FIR on Wednesday and detained five individuals in connection with violence following an anti-encroachment campaign in and around the Syed Faiz Elahi Mosque, Delhi.
Aadrika Tayal 
New Delhi (India) January 7: On Wednesday, the Delhi Police arrested five people related to the violence that played out during a court-mandated anti-encroachment campaign in the vicinity of a mosque at the Turkman Gate in Old Delhi.
Tear Gas Dispels Stone-Pelting Mob
The police meanwhile are reviewing the inflammatory videos related to the incident as they follow up on their investigation. Police said tear gas shells were used to disperse the crowd and maintain law and order, then the situation was brought under control and normalcy restored.
Officials said people involved in the stone-pelting incident are being identified. Police are also acting to determine whether the violence was a “pre-planned attempt” to disrupt the demolition effort.
FIR Under BNS Sections
The police said the FIR has been registered against unknown persons under sections related to rioting, assault on a public servant, and obstruction of government duty.
Officials said Delhi Police have registered a case relating to the incident that invokes several sections of the Bharatiya Nyaya Sanhita (BNS) and the Prevention of Damage to Public Property (PDPP) Act. The FIR said all offences have been registered under sections 221, 132, 121, 191(2), 191(3), 223(a) and 3(5) of the BNS and Section 3 of the PDPP Act, 1984. The five people were detained after police interrogated them and their activity was being matched with CCTV and mobile phone footage.
Overnight Demolition Sparks Violence
The demolition activity started at around 1 am on Wednesday, with a heavy police deployment covering the Turkman Gate area. Officials said that more than 17 bulldozers were used to clear encroachments.
The whole operation was carried out under stringent security conditions – roads were sealed and movement restricted in an attempt to keep law-and-order down during a civic action overnight.
The demolition remained restricted to illegal constructions, officials said. These consisted of a barat ghar structure, a few shops, a dispensary and encroachments on roads and footpaths. Officials emphasized that there wasn’t any damage to the mosque and the action was directed only at unauthorised extensions on public land.
Mosque Committee Challenges MCD Order
The mosque committee sought to challenge the order to demolish the land, maintaining that it is a notified Waqf property and that the Waqf Act governs the property, and that only the Waqf Tribunal has jurisdiction to resolve or dispute these issues.
The MCD, however, insisted that only 0.195 acres that comprise the mosque’s present property were leased in 1940 and did not encompass the adjacent land under the demolition. The petitioner also said lease rent has been paid to the Waqf Board on a regular basis and added it has no objection to encroachments being removed. It said the banquet hall and clinic on site have already been closed, while its only concern is regarding the graveyard functioning on the land.
