Race Course mosque won’t be razed till Waqf plea decided: Centre

New Delhi: The Delhi High Court on Thursday, October 29, said it could not compel the Centre to open the Race Course mosque near the Prime Minister’s residence for prayers while demolition work was under way around it, citing a risk to people’s safety.

Justice Anish Dayal made the remark after the Centre told the court the mosque would not be pulled down until a decision was taken on a representation by the Delhi Waqf Board seeking its protection.

Central government standing counsel Ashish Dixit said that although the structure would not be demolished, worshippers could not be let in because demolition was going on in the area. A temple on the same premises was also closed to visitors, he said.

The judge called the Centre’s stand fair. He asked who would bear the compensation if someone was hurt while the demolition was on.

“We cannot force them to give it for prayers,” the court told the petitioner. It added that his real aim was to protect the monument.

The court recorded Dixit’s statement and asked the government to file a status report.

Centre questions petitioner’s standing

Advocate Sufian Siddiqui, appearing for the petitioner, told the court that photographs taken on Thursday showed demolition had already been carried out in the area. He pressed for worshippers to be allowed in.

Dixit said the Waqf Board’s representation would be decided as quickly as possible, within four weeks. He also questioned the petitioner’s right to approach the court, arguing that pleas from individual worshippers would open a Pandora’s box.

The matter will next be heard on December 16.

Plea cites right to religion

The petition was filed by Syed Ahmed Saud, who prays at the mosque. He sought directions to let worshippers enter the mosque and to protect it from demolition.

Saud argued that blocking access violated his fundamental right to practise his religion under Article 25 of the Constitution.

According to the plea, the mosque is more than 150 years old. It was notified as waqf property in 1977 and given Grade-II heritage status under a Delhi government notification in 2009.

The plea said electricity and water to the mosque were cut on October 7 during a drive to clear jhuggi clusters nearby, although the mosque was not on the list of encroachments identified for removal.

It also said an official of the Land and Development Office (L&DO) came to the mosque with police personnel on October 17 and allegedly told those present it would be demolished within two to four days.

No demolition till Oct 29

When the court issued notice on the plea on Tuesday, the Centre had orally assured it that the mosque would not be touched before Thursday’s hearing.

At that hearing, the Waqf Board told the court it had sent a representation to the L&DO and other authorities on October 19 and was still awaiting a decision.

Dixit had then said the power and water connections were cut to avoid risk to people visiting the mosque while demolition was going on nearby.

The mosque stands inside the Race Course Club premises, an area of about 53 acre near the Prime Minister’s official residence at 7, Lok Kalyan Marg. The Centre took possession of the land in August and slum clusters around it have since been cleared.

The mosque’s imam had earlier moved the High Court seeking restoration of the electricity and water supply, but that plea was not granted.

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