Can't force government to allow prayers at Race Court Masjid given safety concerns: Delhi High Court

The Delhi High Court on Thursday remarked that it cannot force the Central government to allow worshippers offer prayers at the Race Course Masjid near the Prime Minister’s residence as demolition activity is going in the nearby area.

Justice Anish Dayal made the remark after noting the government’s submission that it will not demolish the mosque till it decides the Delhi Waqf Board’s representation to protect the monument.

Central Government Standing Counsel (CGSC) Ashish Dixit told the Bench that while the mosque will not be demolished, access cannot be allowed since demolition activity is ongoing on in the area. Dixit added that the government is not allowing access to a temple located in the area either.

The Court then said that the government’s submission was fair and that it cannot force them to give the mosque for prayers as there are safety concerns. 

“If somebody gets injured when the demolition is going on, who will pay the compensation? Let them decide [Waqf Board’s representation]. It is a fair submission that has come [that the mosque will not be demolished till the representation is decided]. But we cannot force them to give it for prayers. It's not the only thing. You are trying to protect the monument,” the Court told the petitioner, a worshipper at the mosque. 

Advocate Sufian Siddiqui appeared for the petitioner and told the Bench that photographs taken today show that the demolition has been carried out. He said that people should be allowed access to the mosque. 

The Court proceeded to record Dixit’s statement and directed the government to file a status report in the matter. 

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.