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No immediate plan to demolish Race Court Masjid near PM's residence: Centre to Delhi High Court

Government counsel said that water and electricity supply to the mosque were stopped due to safety concerns since demolition of other structures in the vicinity was ongoing.

Prashant Jha

The Central government on Tuesday told the Delhi High Court that there are no immediate plans to carry out demolition of the Race Court Masjid near the Prime Minister’s residence. 

Central Government Standing Counsel (CGSC) Ashish Dixit told Justice Anish Dayal, “as of now, we [the authorities] are not demolishing anything”. 

Dixit said that access to the area and water and electricity supply to the mosque were stopped due to safety concerns since demolition of certain other structures is going on in the vicinity.

On the Court’s query about whether it should assume that the government is not going to demolish the structure in the next couple of days, Dixit said that the statement may not be recorded, but he was saying this as an officer of the Court. 

Justice Anish Dayal

Justice Dayal issued notice in the matter and listed the case for further consideration on October 29.

The Court asked Dixit and the counsel appearing for the Delhi Waqf Board to obtain instructions in the matter. 

Justice Dayal passed the order after Advocate M Sufian Siddiqui appeared for the petitioner, a worshipper, and argued that the people are being obstructed from entering the mosque.

He said that the Delhi Waqf Board had completely abdicated its responsibility by not taking due measures to ensure worshippers' access to the mosque.

Siddiqui added that the officer of the Land and Development Office (L&DO) had met the imam of the mosque and orally told him (Imam) that the mosque must be vacated because demolition will be carried out.

Meanwhile, counsel appearing for the Delhi Waqf Board told the Bench that it has made a representation to the L&DO and other authorities on October 19, but the same is yet to be decided.

The Court was hearing a plea filed by one Syed Ahmed Saud. He alleged that worshippers are being denied access to the mosque. He sought a direction to allow worshippers to enter the mosque as well as protection against its potential demolition.

The petitioner has challenged the alleged obstruction of access to the mosque, claiming that the restrictions violate his fundamental right to practise religion under Article 25 of the Constitution.

According to Saud, the mosque is over 150 years old and was notified as a waqf property in 1977. He also claims that the structure enjoys Grade-II heritage recognition under a 2009 notification issued by the Delhi government.

The petitioner alleged that electricity and water connections to the mosque were disconnected on October 7, during a demolition drive targeting adjoining jhuggi settlements. He claimed that the mosque itself was not included in the list of identified encroachments covered by the demolition exercise.

Further, the petition states that an official of the Land and Development Office (L&DO), accompanied by police personnel, visited the mosque on October 17 and allegedly conveyed that it would be demolished within two to four days.

The plea has been filed through advocate M Sufian Siddiqui.

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