Today, On 5th May, CJI Sanjiv Khanna rejected Mughal heir Sultana Begum’s plea for Red Fort possession, calling it “completely misconceived” and questioning, “Why only Red Fort and not Fatehpur Sikri also?” during the Supreme Court hearing.
New Delhi: The Supreme Court on Monday rejected a petition filed by a woman claiming to be a descendant of Bahadur Shah Zafar, the last Mughal emperor, who sought possession of the Red Fort based on her lineage.
A Bench comprising Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar deemed Sultana Begum’s plea “completely misconceived.”
The Court ordered,
“Why only Red fort? Why not Fatehpur Sikri? Why leave them also. Writ is completely misconceived. Dismissed,”
The petitioner’s counsel pointed out that the Delhi High Court had dismissed the plea due to delay, not on its merits, and requested the Supreme Court to grant the same concession.
He said,
“Please dismiss on delay only,”
However, the Court denied the request and dismissed the matter on its merits.
The Court ordered,
“No, dismissed,”
Previously, a High Court Bench of Justices Vibhu Bakhru and Tushar Rao Gedela dismissed the plea in December 2024, citing limitation, as there was a two-and-a-half-year delay in filing the plea after its dismissal by a single-judge of the High Court.
Regarding the application to excuse the delay, the High Court noted that the appeal was filed over 900 days after the single-judge’s order.
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Begum initially approached the High Court in 2021, claiming to be the widow of Bahadur Shah Zafar II’s great-grandson.
She argued that her family had been dispossessed of their property by the British East India Company following the first war of Independence in 1857, after which Bahadur Shah Zafar was exiled, and the Red Fort was seized from the Mughals.
She contended that the property was now under the “illegal occupation of Government of India and sought possession and compensation for the alleged illegal occupation.”
A single-judge dismissed the plea in December 2021, stating that the cause of action arose over 164 years ago.
The single-judge noted,
“Even if the petitioner’s case were to be accepted that late Bahadur Shah Zafar II was illegally deprived of his property by the East India Company, as to how the writ petition would be maintainable after such an inordinate delay of over 164 years when it is an admitted position that the petitioner’s predecessors were always aware of this position,”
Begum then filed an appeal before the Division Bench of the High Court, which was dismissed in December 2024 due to the delay.
This led to the current appeal before the apex court.
Case Title: Sultana Begum Vs. Union Of India And Anr.