Delhi HC Denies Access to Race Course Mosque During Demolition

The CSR Journal Magazine

The Delhi High Court has denied worshippers access to the Race Course mosque while demolition work is ongoing around the religious site. This ruling was issued on Thursday, as reported by the Press Trust of India. The mosque is situated on a piece of land in Lutyens’ Delhi, which has been taken over by the Centre for public purposes.

Justice Anish Dayal, presiding over the case, expressed concern regarding potential injuries during the demolition, questioning who would be responsible for compensation in such an event. The court’s decision comes amidst assurances from the Centre that no coercive measures would be implemented against the mosque for the time being.

Union government standing counsel Ashish Dixit informed the court that a decision regarding a representation submitted by the Delhi Waqf Board would be made within four weeks. He reiterated that no coercive action would occur in the interim period.

Petitioner’s Request and Court’s Response

In response to the petitioner’s request for access to the mosque, Dixit stated that it would not be safe for worshippers to enter due to the ongoing demolition activities. The court acknowledged this concern, stating, “Let it go. Let them decide. It is a fair submission. We can’t force them to give access for prayers.” This indicates the court’s understanding of the safety implications involved.

Dixit further mentioned that access to a temple located on the same site was also restricted at this time. The petitioner, Syed Ahmed Saud, is seeking court directions to prevent the mosque’s demolition and restore access for worshippers. The mosque has been designated as a Waqf property since 1977 and is located within the Jaipur Polo Ground.

The Centre took control of the Jaipur Polo Ground in June and the adjacent Delhi Race Club in August. Earlier statements from the Centre’s counsel indicated that electricity and water supplies to the mosque had been disconnected to mitigate risks to public safety during the demolition of other structures on the premises.

Legal Arguments and Historical Significance

The petitioner’s counsel argued that the mosque is a Grade II protected structure, and any alterations affecting its existence would require approval from the Heritage and Conservation Committee. The argument highlighted that the authorities had restricted the petitioner’s ability to offer namaz at the mosque without issuing any formal notice or order, which allegedly violates Articles 14 and 25 of the Constitution.

The plea detailed an incident on October 21, 2026, where the petitioner and his friends attempted to enter the mosque to offer prayers but were denied access by security personnel at the newly installed iron gates of the Race Course Compound. The petition alleged that while not all restrictions on access constitute conversion under the law, the state must consider the historical and religious significance of the mosque when contemplating actions that could permanently affect its existence or religious identity.

The court has scheduled the next hearing for 16 December. Until the authorities make a decision regarding the Waqf Board’s representation, the Centre has committed to refraining from any coercive action against the mosque, although access will remain limited due to the ongoing demolition work.

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