Delhi HC seeks Centre’s stand on Race Course mosque plea

Centre's counsel said the electricity and watert was disconnected to avoid any risk to the public during demolition of other structures on the premises.

New Delhi: The Delhi High Court on Tuesday, October 27, sought the Centre’s stand on a worshipper’s petition to protect the Race Course mosque, located in the precincts of Jaipur Polo Ground, from demolition.

The petition filed by Syed Ahmed Saud also sought restoration of entry to the mosque.

Justice Anish Dayal issued a notice and asked the Central government’s counsel to return with instructions on Thursday, October 29.

No demolition taken as of now: Centre

The Centre’s standing counsel Ashish Dixit said the compound in question houses a mosque and a temple, and no demolition action was being taken as of now.

Dixit informed the court that earlier, authorities discontinued electricity and water supply to the mosque to avoid any risk to the public during demolition of other structures on the premises.

He said the mosque is located on the same land parcel as three jhuggis near the Prime Minister’s residence: Bhai Ram Camp, Masjid Camp and DID Colony. The High Court and the Supreme Court had earlier cleared the demolition of these jhuggis.

The Delhi Waqf Board’s counsel said it has filed a representation with the Land and Development Office and other authorities on the issue.

Dixit submitted that the authorities would decide on the representations made by the Waqf as well as the petitioner.

Petitioner seeks access to mosque

The petitioner’s counsel, Advocate M Sufian Siddiqui, urged the court to permit access to the mosque in the meantime.

When the court asked how the petitioner was seeking protection for the mosque when there was a “larger demolition in the area”, Siddiqui said that as a Grade II protected structure, any change in the mosque’s existence required the approval of the Heritage and Conservation Committee.

The Centre took over the Jaipur Polo Ground in June and the adjoining Delhi Race Club in August.

The petitioner’s counsel said the mosque was a notified Waqf property since 1977, but the Delhi Waqf Board failed to take measures to ensure continued access to it.

Authorities brazenly, arbitrarily prohibiting worshippers

The petitioner said the authorities have brazenly and wholly arbitrarily prohibited him from offering namaz at the mosque without any notice or order, which is in flagrant derogation of Articles 14 and 25 of the Constitution.

He also argued that the mosque was not a subject matter of the litigation arising from the demolition of the three slums.

The Centre evicted the slum dwellers on the grounds that the jhuggi-jhopdi clusters were in a protected zone and immediately next to an operational Air Force Station. It said the decision to remove unauthorised construction in the area was taken to secure defence infrastructure and for other important public and security purposes.

The plea 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.”

The plea said the obstruction of access, coupled with the threatened demolition, requires examination in light of the aforesaid statutory protection.

“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.