Today(on 8th April), Delhi HC, led by Acting Chief Justice Manmohan, denies Ramzan and Eid prayers at demolished ‘Akhoondji mosque’ site in Mehrauli.
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NEW DELHI: Today(on 8th April), The Delhi High Court, led by Acting Chief Justice Manmohan, delivered a significant ruling impacting the Mehrauli Muslim community. It rejected a plea to permit Ramzan and Eid prayers at the location of the demolished ‘Akhoondji mosque’.
This decision was in response to an appeal from the Muntazmia Committee Madarsa Behrul Ulum and Kabarstan, contesting a previous ruling by a single judge that denied access to the mosque site for these religious observances.
The bench, which also included Justice Manmeet PS Arora, emphasized the timing of the appeal, noting the significant delay since the initial order on March 11.
The court pointed out-
“Appeal will have to be heard along with that appeal. Impugned order is of March 11. You waited for so long to get your matter listed. Today, we are on April 8.”
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The justices further stated-
“This will have to be heard along with that appeal on May 7. There can be no interim order,” underlining the impossibility of granting any interim relief, especially considering the original decision was made nearly a month prior.
The counsel for the appellant passionately argued against what they perceived as a misinterpretation of their intentions, stating that the committee was not seeking a “back-door entry” for the faithful. Drawing parallels with landmark cases such as the Babri Masjid and Gyanvapi disputes, they invoked the precedence of constitutional courts respecting religious beliefs and permitting prayers at contested religious sites pending legal resolution.
The attorneys for the committee posited-
“If Eid prayers are permitted for an hour, heavens will not fall…A message will go to the people of India, Muslims in particular, that courts are equally enthusiastic about protecting rights of Muslims.”
The refusal by the single judge on March 11 to allow prayers at the Akhoondji mosque during Ramzan was based on a previous decision that also prohibited entry for devotees on the occasion of Shab-e-Barat, citing no grounds for a divergent stance.
The judge underscored that the land in question was currently under the Delhi Development Authority’s (DDA) control, which had already issued an order to maintain the status quo amid ongoing legal scrutiny over the demolition’s legality.
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The request made to the single judge aimed to secure unrestricted access to the Masjid Akhoondji site for those wishing to offer Tarawih prayers throughout Ramzan Shareef, from the sunset of March 11 until Eid-ul-Fitr. The Akhoondji mosque, revered for its historical significance of over 600 years, alongside the Behrul Uloom madrasa, had been labeled as unauthorized constructions within Sanjay Van and were demolished by the DDA on January 30.