NEW DELHI: The Delhi High Court on Thursday refused to allow the worshippers access to the Race Course mosque near the Prime Minister’s residence, noting the ongoing demolition work around the structure, as the judge asked, "If somebody gets injured, who is going to pay compensation?"
Justice Anish Dayal also noted Centre’s assurance that no coercive action will be taken against the structure till the court decides the Delhi Waqf Board’s representation to protect the monument.
The court made the observation while hearing a petition filed by one Syed Ahmed Saud to protect the structure situated on a Lutyens' Delhi land parcel that has been taken over by the Centre for "public purpose".
During the hearing, Central Government Standing Counsel (CGSC) Ashish Dixit told the judge that while the mosque will not be demolished, "access cannot be allowed since demolition activity is ongoing on in the area."
Dixit added that the government is also not allowing access to a temple located in the area.
The judge noted the submission and said, "If somebody gets injured when the demolition is going on, who will pay the compensation? Let them decide (Waqf Board’s representation). It is a fair submission that has come (by the government). But we cannot force them to give it for prayers."
The counsel for the petitioner then claimed before the court that the "photographs taken today show that the demolition has been carried out."
"Nothing remains to be demolished and, therefore, the ingress and egress to the religious site should be restored," the counsel said.
The judge proceeded to record the statements made by the counsel and directed the government to file a status report in the matter.
The petition had sought direction to the authorities concerned to allow worshippers to enter the mosque and protect it against its potential demolition.
It claimed that the mosque was over 150 years old and was notified as a waqf property in 1977. It further claims that the structure enjoys Grade-II heritage recognition under a 2009 notification issued by the Delhi government.
The petitioner alleged that the electricity and water connections to the mosque were disconnected on October 7 during a demolition drive targeting adjoining jhuggi settlements.