Race Course Masjid Safe for Now: Centre Assures Delhi HC No Demolition
The Centre assures Delhi HC that Race Course Masjid won't be demolished until Waqf Board's plea is decided, but namaz relief is denied.
In a significant development, the Central government has assured the Delhi High Court that the Race Course Masjid will not be demolished until a representation made by the Delhi Waqf Board is officially decided. However, while the structure remains safe for the moment, the court has refused to grant immediate relief to worshippers seeking permission to offer namaz at the mosque.
The Court Proceedings
The matter was heard by Justice Anish Dayal following a petition filed by Syed Ahmed Saud. The petitioner sought the court's intervention to protect the mosque from potential demolition and to restore access for those wishing to pray there.
Representing the Land and Development Office (L&DO), Central government counsel Ashish Dixit informed the court that the representation from the Waqf Board would be processed as quickly as possible, with a deadline of four weeks. He provided a formal assurance that no coercive action would be taken against the structure during this interim period.
The Dispute Over Namaz and Locus Standi
Despite the assurance against demolition, the court declined to allow the petitioner's request to resume namaz at the site. During the hearing, counsel Ashish Dixit questioned the locus standi of the petitioner, suggesting that allowing individual worshippers to file such pleas could "open a Pandora’s box" of similar litigations.
This argument was strongly opposed by Advocate M Sufiyan Siddiqui, who represents Syed Ahmed Saud. The court has now listed the matter for further hearing on December 16.
Background of the Race Course Masjid
The mosque is situated within the Race Course Club, a sprawling 53-acre area located in close proximity to the Prime Minister’s residence at 7, Lok Kalyan Marg. The petitioner has raised several points to justify the mosque's protected status:
- Waqf Status: The mosque is claimed to be a notified Waqf property, appearing at serial number 18 of a notification issued on July 27, 1977, and published in the Delhi Gazette on September 8, 1977.
- Heritage Value: The petition cites a notification from October 1, 2009, which reportedly grants the structure a Grade-II heritage classification.
- Historical Presence: It is asserted that the mosque has existed since before India's Independence.
Allegations of Harassment and Utility Cuts
The petitioner has alleged that the authorities have attempted to make the mosque unusable by cutting off essential services. According to the plea, the electricity connection, which had been active since 1976, was disconnected on October 7, 2026. Similarly, a water connection provided in 2008 was also severed.
The petition further claims that these disconnections happened without prior notice or legal justification. It is alleged that while the L&DO sought police help to demolish identified jhuggis (slums) in the area on October 6, 2026, the mosque was not listed as an encroachment and was not targeted during the actual demolition exercise on October 7.
The petitioner has invoked Articles 14 and 25 of the Constitution, arguing that the restrictions on access and the cutting of utilities interfere with the fundamental right to practice religion.
The petitioner is now seeking a court directive to ensure the Delhi Waqf Board fulfills its statutory duties under Section 32 of the Waqf Act, 1995, to protect the site and restore unobstructed access for worshippers.