Hyderabad: The Delhi High Court on Thursday declined to direct authorities to allow worshippers access to the Race Course Masjid in New Delhi, citing safety concerns over demolition work in the surrounding area.
The court also recorded the Centre's assurance that no coercive action would be taken against the mosque for four weeks while the Land and Development Office (L&DO) considers a representation submitted by the Delhi Waqf Board.
Justice Anish Dayal noted the ongoing demolition work around the religious structure and questioned who would be responsible if someone were injured. "If somebody gets injured, who is going to pay compensation?" the judge asked.
Union government standing counsel Ashish Dixit told the court that the authorities would decide on the Waqf Board's representation within four weeks. He opposed allowing worshippers to enter the mosque at this stage, arguing that access would be unsafe because of the demolition activity in the surrounding area.
Responding to the petitioner's request to allow entry to and exit from the mosque, the court told the petitioner's lawyer, "Let it go. Let them decide. It is a fair submission. We can't force them to give access for prayers."
Dixit also told the court that worshippers were currently being denied access to a temple at the site for the same safety reasons.
The matter will next be heard on December 16, when the government is required to submit a status report along with photographs of the site. Until the authorities decide on the Waqf Board's representation, the Centre's assurance against coercive action will remain in place, while access to the mosque for namaz continues to be restricted.
Petitioner Syed Ahmed Saud, a regular worshipper at the mosque, has sought directions to protect the structure from demolition and restore access for prayers. The mosque, located within the Jaipur Polo Ground complex, has been a notified Waqf property since 1977.
The Centre took over the Jaipur Polo Ground in June and the adjoining Delhi Race Club in August. The mosque stands on a land parcel in Lutyens' Delhi that the Centre has taken over for a public purpose.
The Delhi Waqf Board submitted its representation to the L&DO on October 19, seeking restoration of the mosque's electricity and water connections. The electricity supply had been disconnected on October 7. The Centre's counsel had earlier said the utilities were disconnected to prevent risks to the public during the demolition of other structures on the premises.
The board has described the mosque as a Grade II heritage structure that existed before Independence.
Saud's counsel argued that the mosque was a Grade II protected structure and that any changes affecting its existence required approval from the Heritage and Conservation Committee.
The petition also alleged that authorities had barred the petitioner from offering namaz at the mosque without issuing any notice or order, in violation of Articles 14 and 25 of the Constitution.
According to the plea, Saud and his friends visited the mosque on October 21, 2026, to offer namaz but were denied entry by security personnel at the recently installed iron gates at the entrance to the Race Course Compound.
The petition further argued that restrictions on access should not disregard the mosque's historical religious character, particularly when the measures could permanently affect its existence or religious identity. (with inputs from media organisations)