The Delhi High Court declined to permit prayers to be conducted during the month of Ramzan and on Eid at the demolished site of the ‘Akhoondji mosque’ in Mehrauli. A bench led by Acting Chief Justice Manmohan directed that an appeal by Muntazmia Committee Madarsa Behrul Ulum and Kabarstan, challenging a single judge’s decision dismissing its plea seeking permission for devotees to access the mosque for Ramzan and Eid prayers, be combined with a related matter on May 7.
The court noted that the single judge based the decision on another order refusing prayers for Shab-e-Barat, and a separate appeal challenging this order will be heard in May. The petitioner’s counsel urged for an immediate order, citing the timing of Ramzan and Eid, but the bench, also including Justice Manmeet PS Arora, stated no interim order could be issued, particularly since the single judge had already denied relief nearly a month prior.
“The appeal must be heard alongside the other appeal. The impugned order dates back to March 11. Waiting until now to have your matter listed is not acceptable. Today is April 8,” remarked the court.
“It will be heard on May 7 alongside that appeal. No interim order can be granted,” the court added.
The appellant’s counsel clarified that the committee wasn’t seeking a “back-door entry.” Referring to the Babri Masjid case and Gyanvapi case, the counsel argued that constitutional courts have previously respected religious beliefs and permitted prayers pending legal disputes regarding shrines.
“If Eid prayers are allowed for an hour, it won’t cause chaos…It would convey to the people of India, especially Muslims, that courts are equally committed to protecting Muslim rights,” the lawyers contended.
On March 11, the single judge had denied prayers during Ramzan at the ‘Akhoondji mosque’, citing the high court’s prior refusal to allow devotees entry for Shab-e-Barat and no justification for a different stance.
The single judge noted that the land in question was now under the possession of the DDA, which had ordered maintenance of status quo while dealing with the legality of the demolition.
The appellant had requested the single judge bench to allow unhindered entry to the site of Masjid Akhoondji for those wishing to offer Tarawih prayers during Ramzan Shareef, starting from the sunset of March 11 until 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.
