Delhi High Court Rejects Plea To Offer Prayers During Ramzan At Demolished 600-Yr-Old Mosque In Mehrauli

The Delhi High Court has recently dismissed a plea seeking permission to offer Tarawih prayers during the month of Ramzan at the site of the recently demolished 600-year-old mosque, Masjid Akhonji, in the city's Mehrauli area.

The mosque, along with Madrasa Bahrul Uloom and various graves, were demolished by the DDA on January 30.

Justice Sachin Datta dismissed the application moved in a plea filed by Muntazmia Committee Madarsa Behrul Ulum and Kabarstan.

The application sought “unhindered entry” into the site of the mosque of persons wanting to offer the Tarawih prayers during the month of Ramzan Shareef, beginning sunset of March 11 till Eid-ul-Fitr prayers in the morning of April 11.

While rejecting the application, the court took note of a recent order passed by a coordinate bench dismissing a similar application for offering prayers and visiting the graves on the occasion of Shab-e-Barat at the mosque site.

“The reasoning given in the aforesaid order dated 23.02.2024 squarely applies in the context of the present application as well. In the circumstances, there is no justification for this Court to take a different view,” the court said.

It added: “As such, this Court is not inclined to grant the relief/s sought in the present application and the same is consequently dismissed.”

The court is already adjudicating the plea moved by the Managing Committee of the Delhi Waqf Board against the demolition of the mosque.

The court had directed DDA to maintain status quo on the site. It however clarified that the status quo order was passed only with respect to the khasra number where the mosque was situated and will not act as a bar on the DDA to carry out its action in adjoining areas.

It is the case of the Managing Committee of Delhi Waqf Board that the mosque and madrasa were demolished in a brazen manner. It is claimed that the Imam of the mosque, Zakir Hussain, and his family were left without shelter and their hutment was also demolished.

Counsel for Petitioner: Mr. Shams Khwaja, Adv

Counsel for Respondents: Ms. Shobhana Takiar, SC along with Mr. Sanjay Katyal, Mr. Nihal Singh and Mr. Kuljeet Singh, Advs. for DDA; Mr. Prashant Manchanda, ASC along with Ms. Nancy Shah, Ms. Medha Haridass and Mr. Vishal, Advs. for GNCTD. Mr. Ajjay Arora, Mr. Kapil Dutta, Advs. for MCD

Title: MUNTAZMIA COMMITTEE MADARSA BEHRUL ULUM AND KABARSTAN v. DDA AND OTHERS

Citation: 2024 LiveLaw (Del) 315