Delhi High Court rejects plea to allow Shab e-barat celebration at 600-year-old mosque demolished by DDA

The Delhi High Court on Friday rejected a plea filed by the Managing Committee of Delhi Waqf Board seeking directions that the locals be allowed to celebrate Shab e-barat on the land where the 600-year-old Akhoondji/ Akhunji mosque, graveyard and madrassa once stood.

The mosque was demolished by the DDA on January 30 this year.

The Managing Committee of Delhi Waqf Board filed an application before the Court seeking permission for locals to enter the property during the period extending from 30 minutes before sunset on Sunday, February 25 to 30 minutes after sunrise on Monday, February 26.

Justice Purushaindra Kumar Kaurav rejected the plea observing that at this stage, the court was not inclined to pass any direction.

"Admittedly, as of now the site in question is in the possession of DDA and this court is seized with the main writ petition which is to be heard on March 7. At this stage, this court under the facts and circumstances of the present case is not inclined to pass any directions. Accordingly the application stand dismissed," the Court ordered.

The Akhunji mosque and the Behrul Uloom madrasa in Mehrauli were demolished early morning on January 30 by the DDA.

Locals claimed that the mosque was built nearly 600-700 years ago during the Delhi sultanate period.

On February 5, the High Court had ordered status quo on the land where the mosque stood after the Managing Committee of the Delhi Waqf Board moved the Court.

When the matter came up for hearing on Friday, advocate Shams Khwaja appeared for the Managing Committee of the Delhi Waqf Board and argued that the locals have been celebrating Shab e-barat at the mosque for generations and the graveyard (which has been razed) was an active graveyard.

He said that on Shab e-barat, people whose ancestors have been buried at the location want to pay their respects to the dead.

Khwaja further added that nothing in his prayer will create any right in favour of the petitioner and he only wants worshippers to be allowed entry to pay respects to their ancestors.

The application was contested by the Delhi Development Authority.

The Delhi Waqf Board (different from the Managing Committee of the Delhi Waqf Board) also opposed the plea and said the petitioners have no authority over the land.

The Court considered the submissions and rejected the application.

It added that the main petition will be listed on March 7, the date earlier fixed.