Delhi HC seeks Centre's stand on plea to protect Race Course mosque from demolition

The Delhi High Court on Tuesday sought the Centre's response to a petition seeking protection of the Race Course mosque, located within the precincts of Jaipur Polo Ground, from demolition and restoration of access for worshippers.

Justice Anish Dayal issued notice on the petition filed by Syed Ahmed Saud and directed the Central government's counsel to return with instructions on Thursday.

Appearing for the Centre, standing counsel Ashish Dixit informed the court that the compound houses both a mosque and a temple and that no demolition action was being undertaken at present.

Dixit submitted that electricity and water supply to the mosque had earlier been discontinued to prevent any risk to the public during the demolition of other structures on the premises.

Centre cites earlier demolition proceedings

The Centre's counsel informed the court that the mosque stands on the same land parcel as three jhuggi clusters near the Prime Minister's residence — Bhai Ram Camp, Masjid Camp and DID Colony.

He said the Delhi High Court and the Supreme Court had previously cleared the demolition of these settlements.

The Centre had undertaken the eviction of slum dwellers on the grounds that the clusters were situated within a protected zone immediately adjoining an operational Air Force Station. It maintained that removing unauthorised constructions was necessary to safeguard defence infrastructure and serve important public and security purposes.

Dixit also submitted that the authorities would examine the representations made by the Delhi Waqf Board and the petitioner.

The Waqf Board's counsel informed the court that it had already submitted a representation to the Land and Development Office and other authorities concerning the mosque.

Petitioner seeks restoration of access

Advocate M Sufian Siddiqui, representing the petitioner, urged the court to permit worshippers to access the mosque while the matter remained under consideration.

When the court questioned how protection was being sought for the mosque amid a larger demolition exercise in the area, Siddiqui argued that the structure enjoyed heritage protection.

He submitted that the mosque was classified as a Grade II protected structure and that any alteration affecting its existence required approval from the Heritage and Conservation Committee.

The petitioner's counsel further maintained that the mosque had been notified as a Waqf property in 1977, but the Delhi Waqf Board had failed to take adequate steps to ensure continued access.

The plea also contended that the mosque was not part of the litigation concerning the demolition of the three slum settlements.

Plea alleges violation of constitutional rights

According to the petition, the authorities had prohibited the petitioner from offering namaz at the mosque without issuing any notice or formal order.

The petitioner argued that the restriction violated Articles 14 and 25 of the Constitution, which concern equality before the law and freedom of religion, respectively.

The plea stated that on October 21, 2026, the petitioner and his friends visited the mosque intending to offer namaz but were denied entry by security personnel stationed at newly installed iron gates at the Race Course compound.

The petition alleged that the denial of access was arbitrary and lacked legal justification.

It further submitted that restrictions on access, combined with the apprehension of demolition, required judicial examination in view of the mosque's claimed statutory protection and religious character.

"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," the plea stated.

Court to hear matter on Thursday

The Centre took over the Jaipur Polo Ground in June and the adjoining Delhi Race Club in August, developments that preceded the present dispute over access to the mosque.

During Tuesday's proceedings, the Centre maintained that no demolition of the mosque was currently underway and assured the court that the representations submitted by the concerned parties would be considered.

The petitioner, however, pressed for immediate restoration of access, citing the mosque's religious significance and claimed heritage status.

The High Court has sought instructions from the Centre and will take up the matter again on Thursday.