A bench of Justice Anish Dayal was hearing a petition filed by Syed Ahmed Saud, who visits the mosque to offer prayers. The petitioner alleged that people were being prevented from entering the mosque and expressed apprehension that the structure could be demolished. He sought protection for the mosque and the opening of a route to allow people to reach it for prayers.
The court was informed that the central government would not demolish the mosque until a decision was taken on an application filed by the Delhi Waqf Board. Appearing for the central government, advocate Ashish Dixit told the court that demolition work was underway in the surrounding area and that people could not be permitted to enter the site because of safety concerns.
The government also informed the court that people were not being allowed to enter a temple located in the same area. Taking note of the submissions, the court questioned who would be responsible for paying compensation if someone sustained injuries during the demolition work. It accepted the government's argument that restricting access was justified on safety grounds.
The petition stated that the mosque was more than 150 years old and had been registered as a Waqf property in 1977. According to the petitioner, the mosque was also granted Grade-II heritage site status under a 2009 notification issued by the Delhi government.
The petitioner further alleged that the mosque's electricity and water supplies were disconnected on October 7 during the removal of nearby slums. He claimed that the mosque was not included in the list of properties identified for clearance under the anti-encroachment drive.
The Delhi High Court took on record the central government's statement that the mosque would not be demolished until the Delhi Waqf Board's application was decided. The court also directed the government to file a status report in the matter, leaving the question of access for prayers subject to the ongoing safety concerns and further proceedings.
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