Delhi High Court: Central Govt Not Demolishing Race Court Masjid

• The Central government informed the Delhi High Court that there are no immediate plans to demolish the Race Court Masjid near the Prime Minister's residence.
• Access to the mosque, along with water and electricity, was halted due to safety concerns from nearby demolition work on other structures.
• Petitioner Syed Ahmed Saud alleges worshippers are being denied entry, violating their fundamental right to practice religion under Article 25 of the Constitution.
• Justice Anish Dayal issued notice in the matter, scheduling the next hearing for October 29.
• The mosque, which is reportedly over 150 years old, is the subject of a plea seeking protection against demolition and restoration of access.

While the Centre stated there are no immediate plans for demolition, the ongoing denial of access and the lack of a definitive, recorded commitment leave the mosque's future uncertain.

The Delhi High Court recently heard arguments concerning the Race Court Masjid, located in close proximity to the Prime Minister's residence. During the proceedings on Tuesday, the Central government informed the court that it currently holds no immediate intentions to proceed with the demolition of the mosque. Central Government Standing Counsel (CGSC) Ashish Dixit conveyed this position to Justice Anish Dayal, explicitly stating that "as of now, we [the authorities] are not demolishing anything."

Dixit further clarified that the cessation of access to the area, along with the discontinuation of water and electricity supplies to the mosque, was implemented due to safety concerns. These measures were reportedly necessitated by ongoing demolition activities involving other structures in the vicinity. When Justice Dayal inquired whether the court should interpret this statement as an assurance against demolition in the coming days, Dixit requested that his remark not be officially recorded, but he affirmed its veracity in his capacity as an officer of the Court.

Following the submissions, Justice Anish Dayal issued a formal notice in the matter, scheduling the case for further deliberation on October 29. The court also directed both CGSC Dixit and the legal representative for the Delhi Waqf Board to obtain comprehensive instructions from their respective clients regarding the ongoing situation. This directive underscores the court's intent to thoroughly examine the claims and the government's stance before reaching a final determination.

The High Court's intervention stems from a plea lodged by Syed Ahmed Saud, who has brought forth serious allegations regarding the Race Court Masjid. Saud contends that worshippers are being systematically denied entry to the mosque, thereby impeding their ability to practice their faith. His petition specifically seeks a court order compelling authorities to restore access for worshippers and to provide protection against any potential demolition of the historic structure.

The core of the petitioner's legal challenge rests on the assertion that the current restrictions on access constitute a direct infringement upon a fundamental constitutional guarantee. Saud argues that these actions violate his fundamental right to practice religion, a right explicitly enshrined under Article 25 of the Constitution of India. This constitutional provision protects the freedom of conscience and the right freely to profess, practice, and propagate religion, subject to public order, morality, and health.

Adding to the significance of the dispute, Saud's plea highlights the mosque's considerable age, stating that the Race Court Masjid has stood for over 150 years. This historical context further underscores the gravity of the alleged denial of access and the potential threat of demolition, elevating the case beyond a mere property dispute to one involving deeply held religious and cultural heritage.

The ongoing proceedings in the Delhi High Court concerning the Race Court Masjid carry significant implications, particularly given its sensitive location near the Prime Minister's residence and the nature of the allegations. While the Central government has offered a temporary assurance that there are no immediate plans for demolition, this statement, notably unrecorded, does not provide a definitive long-term commitment. The continued denial of access to the mosque, coupled with the lack of a clear, recorded guarantee against future demolition, leaves the status of the religious site in a state of uncertainty.

This case highlights the delicate balance between urban development, security concerns, and the protection of religious freedom and heritage sites in India. The petitioner's reliance on Article 25 of the Constitution underscores the importance of fundamental rights in challenging governmental actions that impact religious institutions. The Delhi High Court's eventual judgment, particularly any directives issued by Justice Anish Dayal, could establish crucial precedents for similar disputes across the nation.

The requirement for the Delhi Waqf Board's counsel to obtain instructions also indicates the broader involvement of religious administrative bodies in safeguarding such properties. The outcome will be closely watched by religious institutions, property owners, and human rights organizations, as it could shape future interactions between state authorities and religious sites, especially those situated in strategically important or developing areas.

Lawyers advising religious institutions, property owners, or human rights organizations in India should monitor this ongoing Delhi High Court case. While the Centre states no immediate demolition of Race Court Masjid, the lack of a definitive commitment and the ongoing legal challenge regarding access and fundamental rights (Article 25) means future developments could set precedents for similar disputes involving religious sites and government actions.

Source: Original reporting via legal news outlets