New Delhi: The Delhi High Court on Tuesday sought the Union government's stand on a worshipper's petition to protect the Race Course mosque, located within the precincts of Jaipur Polo Ground, from demolition and restore access to it.
The petition, filed by Syed Ahmed Saud, sought protection for the mosque and restoration of entry. Justice Anish Dayal issued a notice and asked the Union government's counsel to return with instructions on Thursday.
The Union government's standing counsel Ashish Dixit said the compound houses a mosque and a temple, and no demolition action was being taken as of now.
Dixit informed the court that authorities had earlier discontinued electricity and water supplies to the mosque to avoid any risk to the public during the demolition of other structures on the premises.
He said the mosque is located on the same land parcel as three jhuggis near the Prime Minister's residence: Bhai Ram Camp, Masjid Camp and DID Colony. The high court and the Supreme Court had earlier cleared the demolition of these jhuggis.
The Delhi Waqf Board's counsel said it had filed a representation with the Land and Development Office and other authorities. Dixit submitted that the authorities would decide on the representations made by the Waqf Board and the petitioner.
The petitioner's counsel, advocate M Sufian Siddiqui, urged the court to permit access to the mosque in the meantime.
When the court asked how the petitioner was seeking protection for the mosque amid a "larger demolition in the area", Siddiqui said that as a Grade II protected structure, any change to the mosque required approval from the Heritage and Conservation Committee.
The Union government took over the Jaipur Polo Ground in June and the adjoining Delhi Race Club in August.
The petitioner said the mosque had been a notified Waqf property since 1977, but the Delhi Waqf Board had failed to ensure continued access.
The plea alleged that the authorities had arbitrarily barred him from offering namaz at the mosque without notice or an order, in violation of Articles 14 and 25 of the Constitution.
It also argued that the mosque was not part of the litigation concerning the demolition of the three slum clusters. The Union government had said the clusters were in a protected zone next to an operational Air Force Station and that their removal was necessary to secure defence infrastructure and for other public and security purposes.
The plea stated that on October 21, the petitioner and his friends were denied entry by security personnel at newly installed iron gates at the entrance to the Race Course Compound.
It argued that the denial of access and the threatened demolition required examination in light of the mosque's statutory protection.
"While the petitioner does not suggest that every restriction upon access constitutes conversion within the meaning of the Act, the State cannot disregard the historical religious character of the subject masjid when contemplating measures capable of permanently affecting its existence or religious identity," it added.