New Delhi, Oct 29: The Delhi High Court on Thursday refused to allow worshippers access to the Race Course mosque, even as the Centre assured no coercive action will be taken against the religious structure for the time being.
Justice Anish Dayal, while hearing a petition to protect the mosque situated on a Lutyens’ Delhi land parcel that has been taken over by the Centre for “public purpose”, noted the ongoing demolition work around the structure and said, “If somebody gets injured, who is going to pay compensation?”
Union government standing counsel Ashish Dixit submitted that the authorities will decide a representation by the Delhi Waqf Board on the issue within four weeks and no coercive action would be taken in the meantime.
In response to the petitioner’s request to permit ingress and egress to the mosque, Dixit said such access would not be safe at this stage due to the ongoing demolition activity around it.
“Let it go. Let them decide. It is a fair submission. We can’t force them to give access for prayers,” the court told the petitioner’s lawyer.
Dixit said at present, worshippers are not permitted access to a temple on the site as well.
Syed Ahmed Saud has sought directions from the court to protect the Race Course mosque — a notified Waqf property since 1977 located in the precincts of Jaipur Polo Ground — from demolition, as well as restoration of entry to the mosque.
The Centre took over the Jaipur Polo Ground in June and the adjoining Delhi Race Club in August.
Earlier, the Centre’s counsel had said authorities have discontinued electricity and water supply to the mosque to avoid any risk to the public during demolition of other structures on the premises.
The petitioner’s counsel has argued that as a Grade II protected structure, any change in the mosque’s existence required approval of the Heritage and Conservation Committee.
He has said the authorities have brazenly and arbitrarily prohibited the petitioner from offering namaz at the mosque without any notice or order, which is in flagrant derogation of Articles 14 and 25 of the Constitution.
The plea has alleged, “On 21.10.2026, the petitioner, along with his friends, personally visited the subject masjid with the intention of offering namaz. However, upon reaching the recently installed iron gates at the entrance to the Race Course Compound, they were categorically denied entry by the security personnel stationed there.”
“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.
The matter would be heard next on December 16.
