Delhi High Court Rejects Petition for Red Fort Possession by Alleged Mughal Descendant
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New Delhi, Dec 13 (NationPress) The Delhi High Court on Friday rejected a petition where a woman asserted to be the widow of the great-grandson of Bahadur Shah Zafar II from the Mughal dynasty, requesting possession of the Red Fort in the national capital.
A division bench, led by Acting Chief Justice (ACJ) Vibhu Bakhru and Justice Tushar Rao Gedela, declined to consider the appeal brought forth by the woman, which challenged a 2021 ruling from a single-judge bench that had dismissed her petition.
Without delving into the specifics of the case, the ACJ Bakhru-led Bench dismissed the appeal due to the delay in its filing.
They noted that the delay, which extended over two-and-a-half years, should not be excused.
The plea claimed that their family property was confiscated by the British East India Company following the First War of Independence in 1857, which led to the exile of the last Mughal emperor, Bahadur Shah Zafar, and the takeover of the Red Fort.
The petitioner sought either possession of the Red Fort or fair compensation retroactive to 1857 for the 'illegal possession' by the government, or any other relief deemed appropriate.
During the hearing, a single-judge bench presided by Justice Rekha Palli remarked: "My historical knowledge is quite limited, but you allege that injustice was committed against you by the British East India Company in 1857. Why has there been a delay of over 150 years? What actions were taken during all these years?"
Justice Palli also pointed out that there was no documentation to substantiate the claim that the petitioner was indeed related to the last Mughal emperor.
“You have not submitted any inheritance documentation. It is common knowledge that Bahadur Shah Zafar was exiled by the British, but if his heirs did not take any legal action, how can she?” the Delhi HC questioned.
In response, the petitioner's attorney stated that the Begum was an illiterate woman.
Nonetheless, the court dismissed the petition, asserting that simply being an illiterate woman does not explain why the petitioner's ancestors did not pursue any legal action against the East India Company at the appropriate time or shortly thereafter.
