Delhi High Court: Centre Seeks Krishi Bhawan Mosque Demolition

• The Central government informed the Delhi High Court of its plan to demolish the century-old Qadeemi Masjid in Krishi Bhawan.
• The government stated that a religious structure in an office complex is incompatible with the secular character of government property.
• An affidavit filed by the government asserted that public land in central administrative zones cannot have permanent religious reservations.
• The government noted a functional mosque at India Gate within a two-kilometer radius as an alternative prayer facility.
• Justice Anish Dayal, hearing the plea from the mosque committee, questioned if rules prohibit prayer spaces for communities in government areas.

The document further elaborated that maintaining or establishing any permanent religious structure, or even demanding one, within the boundaries of a central government office complex is considered impermissible and fundamentally incompatible with the secular nature of government property.

The Central government has formally communicated to the Delhi High Court its definitive stance on the future of a century-old mosque located within the Krishi Bhawan complex. The government declared its intention to remove the structure, known as the Qadeemi Masjid, asserting that the presence of a religious building within an official government complex is fundamentally "impermissible and incompatible with the secular character" of state-owned property. This significant declaration was made through an affidavit submitted to the Court.

This legal development comes in response to a plea initiated by the caretaking committee of the Qadeemi Masjid itself. The committee had approached the Delhi High Court, expressing apprehension regarding the potential demolition of the mosque. The matter was brought before Justice Anish Dayal on November 2, where the government presented its detailed justification for the proposed removal, setting the stage for a critical examination of religious structures on public land.

In its comprehensive affidavit, the central government articulated a clear policy position regarding the nature of its administrative facilities. It emphasized that both Krishi Bhawan and the broader Central Secretariat complex are designated as secular environments, whose primary and exclusive purpose is to facilitate governmental, administrative, and public service functions. This foundational principle underpins the government's argument against the mosque's continued presence.

The document further elaborated that maintaining or establishing any permanent religious structure, or even demanding one, within the boundaries of a central government office complex is considered impermissible and fundamentally incompatible with the secular nature of government property. This statement underscores a strict interpretation of secularism in the context of public land use. The government explicitly stated that public land situated within a central administrative zone cannot be encumbered by any form of "permanent religious reservation," thereby reinforcing its policy against such installations on properties dedicated to state functions. This position clarifies the Central government's religious structure policy in relation to the secular character of government property in India.

As part of its submission, the government also pointed out the availability of an alternative prayer facility in the vicinity. It noted that another mosque is situated at India Gate, conveniently located within a two-kilometer radius of Krishi Bhawan. This existing facility, according to the government, is "fully functional to serve as a proximate prayer facility for any individuals seeking one nearby," suggesting that the removal of the Qadeemi Masjid would not leave individuals without access to a place of worship in the immediate area.

During the hearing on November 2, Justice Anish Dayal engaged with the government's arguments by posing a pertinent question. The judge inquired whether any specific rules or regulations exist that would prohibit the provision of space for prayer for any community within a government-controlled area. This judicial query introduces a crucial dimension to the Krishi Bhawan mosque demolition Delhi HC case, potentially exploring the nuances of religious accommodation versus the strict interpretation of secular property use. The outcome of this case, involving the Qadeemi Masjid Krishi Bhawan, is poised to offer significant clarity on the legal framework governing Delhi High Court religious structures on government land.

This development clarifies the Central government's legal stance on the impermissibility of permanent religious structures within central government office complexes, citing incompatibility with secular character. Lawyers advising on property law, land use, or religious freedom issues concerning government land should note this position as it may inform future disputes or policy interpretations regarding religious establishments on public property.

Source: Original reporting via legal proceedings.