Delhi HC refuses access to Race Course mosque for prayers amid demolition work

The Delhi High Court on Thursday refused to direct authorities to allow worshippers access to the Race Course mosque in central Delhi, citing safety concerns amid ongoing demolition work in the surrounding area. The Centre assured the court that no coercive action would be taken against the religious structure in the meantime.

Justice Anish Dayal, hearing a petition seeking protection of the mosque, questioned who would be held responsible if someone were injured while entering the premises amid the demolition work.

“If somebody gets injured, who is going to pay compensation?” the judge asked.

Ashish Dixit, standing counsel for the Union government, told the court that the authorities would decide on a representation submitted by the Delhi Waqf Board within four weeks. He said allowing worshippers to enter the mosque would be unsafe at present because of the demolition activity nearby.

Responding to the petitioner's request for access to offer prayers, the court said it could not compel the authorities to permit entry under the prevailing circumstances. The bench also directed the authorities to submit a status report on the demolition work in the area.

Dixit told the court that worshippers were currently not being allowed access to a temple on the premises either.

Syed Ahmed Saud, the petitioner, has sought protection for the Race Course mosque, which has been a notified Waqf property since 1977. Located within the Jaipur Polo Ground complex, the mosque is also the subject of a plea seeking restoration of access for prayers and protection against demolition.

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

During an earlier hearing, the Centre's counsel said the electricity and water supplies to the mosque had been discontinued to prevent risks to the public while other structures on the premises were being demolished.

He also said the mosque was situated near three settlements — Bhai Ram Camp, Masjid Camp and DID Colony — close to the Prime Minister's residence. The Delhi High Court and the Supreme Court had already cleared the demolition of these settlements, he submitted.

The petitioner's counsel has argued that the mosque is a Grade II protected heritage structure and that any alteration affecting its existence requires approval from the Heritage and Conservation Committee.

The plea also alleges that authorities barred the petitioner from offering namaz at the mosque without issuing prior notice or an order, violating Articles 14 and 25 of the Constitution, which guarantee equality before the law and freedom of religion, respectively.

According to the petition, Saud and his friends visited the mosque on 21 October to offer namaz but were denied entry by security personnel at newly installed iron gates at the entrance to the Race Course compound.

The petitioner has argued that restrictions on access must take into account the mosque's historical religious character, particularly if government action could permanently affect its existence or religious identity.

The matter will next be heard on 16 December.