The Delhi High Court recently declined a plea seeking permission to celebrate Shab e-Barat at a 600-year-old mosque demolished by the Delhi Development Authority (DDA). The Court rejected the application, reiterating that the main petition would be heard on March 7. The Managing Committee of the Delhi Waqf Board had filed the plea, requesting access to the site for the occasion. However, Justice Purushaindra Kumar Kaurav rejected the plea, citing that the court wasn’t inclined to issue any directives at this stage. The mosque, along with a graveyard and madrassa, was demolished by the DDA on January 30.
NEW DELHI: Recently, the Delhi High Court declined a plea from the Managing Committee of Delhi Waqf Board seeking authorization for locals to observe Shab e-barat on the premises formerly occupied by the 600-year-old Akhoondji/Akhunji mosque, graveyard, and madrassa. The mosque was demolished by the Delhi Development Authority (DDA) on January 30.
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The Managing Committee of Delhi Waqf Board submitted a request to the Court, asking for permission for locals to access the property from 30 minutes before sunset on Sunday, February 25, to 30 minutes after sunrise on Monday, February 26.
Justice Purushaindra Kumar Kaurav declined the plea, stating that the court was not inclined to issue any directives at this stage. The court noted that the property is currently in the possession of the DDA, and the main writ petition regarding the matter is scheduled for hearing on March 7. Consequently, the court dismissed the application, citing the existing circumstances.
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The Akhunji mosque and the Behrul Uloom madrasa in Mehrauli were demolished by the DDA on January 30. Local residents assert that the mosque dates back nearly 600–700 years to the Delhi sultanate era.
Following the demolition, the Managing Committee of the Delhi Waqf Board approached the High Court, which ordered a status quo on the land on February 5.
The Delhi Development Authority contested the application, while the Delhi Waqf Board, distinct from its managing committee, also opposed the plea, asserting that the petitioners lacked authority over the land.
Justice Purushaindra Kumar Kaurav rejected the plea observing that at this stage, the court was not inclined to pass any direction.
“Admittedly, as of now, the site in question is in the possession of the DDA, and this court is seized with the main writ petition, which is to be heard on March 7. At this stage, this court, under the facts and circumstances of the present case, is not inclined to pass any directions. Accordingly, the application stands dismissed,”
the court ordered.
During the recent hearing, advocate Shams Khwaja, representing the Managing Committee of the Delhi Waqf Board, argued that locals have been observing Shab e-barat at the mosque for generations. He emphasized that the graveyard is now demolished, and people wished to pay their respects to their ancestors during Shab e-barat.
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Khwaja clarified that their plea aimed solely at allowing worshippers to honor their ancestors and did not seek to establish any permanent rights over the property.
Considering the arguments presented, the Court rejected the application, reiterating that the main petition would be heard on March 7, as previously scheduled.
