Delhi High Court seeks Centre’s response to plea against Race Course mosque demolition

The Delhi High Court on Tuesday (October 27) sought the Centre’s response to a petition seeking protection of the Race Course mosque, situated within the Jaipur Polo Ground complex, from demolition. 

Justice Anish Dayal issued notice on the petition filed by Syed Ahmed Saud and asked the Centre’s counsel to obtain instructions by Thursday (October 29). 

The Centre’s standing counsel told the court that the premises housed both a mosque and a temple and that no demolition was being carried out at present. He said the electricity and water supply to the mosque had earlier been disconnected to prevent risks to the public during the demolition of other structures on the land. 

The counsel submitted that the mosque stood on the same land parcel as three jhuggi clusters near the Prime Minister’s residence, namely Bhai Ram Camp, Masjid Camp and DID Colony, and that their demolition had earlier been cleared by the High Court and the Supreme Court. 

The Delhi Waqf Board’s counsel informed the court that the Board had submitted representations to the Land and Development Office and other authorities over the issue. 

When the court questioned how the petitioner could seek protection for the mosque amid a “larger demolition in the area”, the Board’s counsel argued that the mosque was a Grade II protected structure and that any alteration affecting its existence required approval from the Heritage Conservation Committee. 

According to the plea, the authorities had arbitrarily barred the petitioner from offering namaz at the mosque without issuing any notice or order, in violation of Articles 14 and 25 of the Constitution, which guarantee equality before the law and freedom of religion, respectively. 

The petitioner also contended that the mosque was not part of the litigation concerning the demolition of the three jhuggi clusters and should not be affected by proceedings relating to those structures. 

The Centre took over the Jaipur Polo Ground in June and the adjoining Delhi Race Club in August. 

The authorities had justified the eviction of the slum dwellers on the grounds that the jhuggi clusters were located within a protected zone near an operational Air Force station. The Centre maintained that removing unauthorised structures was necessary to safeguard defence infrastructure and serve other public and security purposes.