The Delhi High Court declined permission for prayers during Ramzan and Eid at the demolished ‘Akhoondji mosque’ site in Mehrauli. Acting Chief Justice Manmohan, leading the bench, directed an appeal by Muntazmia Committee Madarsa Behrul Ulum and Kabarstan to be listed alongside a related matter on May 7. This appeal contested a single judge’s dismissal of their plea to allow devotees access to the mosque for Ramzan and Eid prayers.
The court noted the single judge’s decision based on a previous order denying prayers for Shab-e-Barat. Another appeal challenging this order is scheduled for a May hearing. The petitioner’s counsel requested an immediate order, pointing out that Ramzan and Eid would have passed by May. However, the bench, including Justice Manmeet PS Arora, refused an interim order, citing the single judge’s refusal of relief almost a month prior.
“This appeal must align with the May 7 hearing of the other appeal. The order in question is from March 11. You’ve waited a considerable time for listing. Today is April 8,” remarked the court.
“This must coincide with that appeal on May 7. No interim order can be granted,” reiterated the court.
The appellant’s counsel clarified that they were not seeking a “back-door entry.” Citing the Babri Masjid case and the Gyanvapi case, they argued that constitutional courts have previously respected religious beliefs and allowed prayers during pending legal disputes related to shrines.
The single judge, on March 11, had refused Ramzan prayers at the ‘Akhoondji mosque,’ noting the High Court’s previous refusal to allow devotees on Shab-e-Barat. The judge emphasized the land now belonged to the DDA, which had ordered maintenance of the status quo while addressing the demolition’s legality.
The appellant had asked the single judge for directions to permit entry for Tarawih prayers from sunset on March 11 to Eid-ul-Fitr.
The ‘Akhoondji mosque,’ believed to be over 600 years old, along with the Behrul Uloom madrasa, were declared illegal structures in Sanjay Van and demolished by the DDA on January 30.
