Delhi HC Declines Prayer Permission at Akhoondji Mosque Site

The Delhi High Court on Monday declined permission for prayers during Ramzan and Eid at the demolished ‘Akhoondji mosque’ site in Mehrauli.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed that an appeal by Muntazmia Committee Madarsa Behrul Ulum and Kabarstan, challenging a single judge’s order dismissing its plea for devotees to access the mosque for Ramzan and Eid prayers, be listed along with a related matter on May 7.

The court noted that the single judge based the order on another order refusing prayers on Shab-e-Barat, and a separate appeal challenging this order is scheduled for a May hearing.

The petitioner’s counsel urged the court to issue an order, citing the approaching end of Ramzan and Eid, but the bench, stated no interim order can be issued, particularly when the single judge rejected relief nearly a month ago.

“The appeal will have to be heard along with that appeal. The impugned order is from March 11. You waited a long time to have your matter listed. Today is April 8,” remarked the court.

“This will need to be heard along with that appeal on May 7. There can be no interim order,” the court added.

The appellant’s counsel clarified that the committee was not seeking a “back-door entry.”

Citing the Babri Masjid case and Gyanvapi case, the counsel argued that constitutional courts have previously respected religious beliefs and allowed prayers pending legal disputes concerning shrines.

“If Eid prayers are allowed for an hour, there will be no catastrophe… A message will be sent to the people of India, especially Muslims, that courts are equally committed to protecting the rights of Muslims,” the lawyers contended.

On March 11, the single judge declined to permit prayers during Ramzan at the ‘Akhoondji mosque’, noting that the high court previously denied entry to devotees at the site on Shab-e-Barat, with no justification for a different stance.

The single judge recorded that the land in question is now under the possession of the DDA, which has already ordered maintenance of status quo while addressing the legality of the demolition. The appellant had requested the single judge bench to direct unhindered entry into the site of Masjid Akhoondji for those wishing to offer Tarawih prayers during Ramzan Shareef, from sunset on March 11 to Eid-ul-Fitr.

The ‘Akhoondji mosque’, believed to be over 600 years old, as well as the Behrul Uloom madrasa, were declared illegal structures in Sanjay Van and demolished by the DDA on January 30.