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Delhi High Court Dismisses Plea Seeking Possession of Red Fort by 'Mughal Family Member'
December 14, 2024 by Mediaeye News
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Delhi High Court Dismisses Plea Seeking Possession of Red Fort by 'Mughal Family Member'

New Delhi: The Delhi High Court dismissed a plea on Friday in which a woman claiming to be the widow of the great-grandson of Bahadur Shah Zafar II from the Mughal dynasty sought possession of the Red Fort in the national capital.

A division bench of Acting Chief Justice (ACJ) Vibhu Bakhru and Justice Tushar Rao Gedela refused to entertain the appeal moved by the woman challenging the 2021 decision of the single-judge bench, which had rejected her petition.

Without entering into the merits of the case, the ACJ Bakhru-led Bench rejected the matter because of the delay in filing the appeal.

It opined that the delay spanning over two-and-a-half years should not be condoned.

According to the plea, the British East India Company took their family property following the first War of Independence in 1857. After that, the last Mughal emperor, Bahadur Shah Zafar, was exiled from the country, and possession of the Red Fort was taken away from the Mughals.

The petitioner woman sought possession of the Red Fort, adequate compensation for ‘illegal possession’ by the government from 1857 to the present, or any other relief deemed fit.

In the course of the hearing, a single-judge bench of Justice Rekha Palli had said: “My history is very weak, but you claim injustice was done to you by the British East India Company in 1857. Why is there a delay of over 150 years? What were you doing for all these years?”

Justice Palli also noted that there was no documentary evidence to support the petitioner’s claim that she was related to the last Mughal emperor.

“You have not filed any inheritance chart. Everyone knows Bahadur Shah Zafar was exiled by the British, but if his heirs did not file any plea, can she do it?” the Delhi HC asked.

In response, the petitioner’s counsel said that Begum was an illiterate woman.

However, the court rejected the petition, saying that merely because the petitioner is an illiterate woman, there is no reason why, if the petitioner’s predecessors were aggrieved by any action of the East India Company, no steps were taken in this regard at the relevant time or soon thereafter.

 

 

 

 

 

 

 

–IANS

(File Photo: IANS/Qamar Sibtain)

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