The Central government has provided an oral assurance to the Delhi High Court that there are no immediate plans to demolish the Race Court Masjid, a site situated in the vicinity of the Prime Minister’s residence in New Delhi. The submission was made during a hearing before Justice Anish Dayal on Tuesday, following a petition that raised urgent concerns regarding the potential destruction of the structure and the denial of access to worshippers.

The government’s stance was articulated by Central Government Standing Counsel Ashish Dixit, who informed the court that while authorities are currently conducting a demolition drive in the surrounding areas to clear encroachments, the mosque itself is not slated for immediate action. Addressing the court on the matter, Dixit stated, “as of now, we [the authorities] are not demolishing anything.”

The legal proceedings stem from a plea filed by Syed Ahmed Saud, who challenged the ongoing obstruction of access to the mosque and the disconnection of essential utilities. The petition alleges that the mosque, which is claimed to be over 150 years old, has been effectively cordoned off from the public, preventing devotees from exercising their fundamental right to practice religion under Article 25 of the Constitution.

Operational Safety and Utility Disruptions

A primary point of contention during the hearing was the disconnection of water and electricity supply to the mosque, which the petitioner alleged occurred on October 7. Government counsel explained that these measures were not punitive but were implemented as a safety precaution. According to the standing counsel, the presence of heavy machinery, including earthmovers operating in the immediate vicinity to remove nearby jhuggi settlements, created hazardous conditions for anyone attempting to access the premises.

The petitioner, however, argued that these actions, combined with the presence of police and officials from the Land and Development Office, created a climate of intimidation. The petition detailed an incident on October 17, where an official from the Land and Development Office allegedly visited the mosque and informed the imam that the structure must be vacated, as a demolition operation was imminent.

Justice Anish Dayal sought clarity on the genesis of the government's actions, inquiring whether there was any formal order or legal basis for the proposed demolition. The court emphasized the need to determine whether the mosque, which the petitioner claims enjoys Grade-II heritage recognition under a 2009 Delhi government notification, is entitled to specific legal protections.

The Conflict Over Heritage and Waqf Status

Central to the legal battle is the status of the mosque as a notified waqf property, a status it has reportedly held since 1977. The petitioner’s counsel, Advocate M Sufian Siddiqui, submitted that the authorities have failed to follow due process, particularly regarding the heritage status of the structure. He argued that under the provisions of the Delhi Unified Building Bye-Laws, any alteration or demolition of a heritage-recognized structure requires explicit permission from the Heritage Conservation Committee, a step he claims has been bypassed by the land-owning agencies.

Furthermore, the petitioner expressed deep dissatisfaction with the response of the Delhi Waqf Board. It was argued that the board has, to date, abdicated its responsibility to protect the property and ensure that worshippers are allowed access to the site. While the Waqf Board’s counsel, Additional Standing Counsel Farhat Jahan Rahmani, informed the court that a formal representation had been submitted to the Land and Development Office on October 19, there has been no official decision or resolution regarding the property's fate.

The court took note of these submissions and directed the respective counsel, representing both the Central government and the Delhi Waqf Board, to secure clear instructions on the legal status of the land and the intended future of the structure. The court specifically requested clarification on whether any previous judicial orders authorized the demolition drive currently sweeping through the Jaipur Polo Ground area.

Pending Procedural Determinations

As the hearing progressed, the court addressed the immediate demand for restoring access to the mosque. The petitioner highlighted that devotees have been unable to enter the premises since October 21, asserting that the obstruction is a violation of their constitutional rights. Although the court did not pass a formal order for the restoration of utilities or the immediate removal of security barriers at this stage, it clearly indicated that it expected the government to exercise restraint.

When queried by the bench whether it should record an order restraining the government from acting against the mosque in the next few days, the government counsel refrained from seeking a formal recorded stay but reiterated his position as an officer of the court that no action would be taken before the next hearing.

Justice Anish Dayal issued formal notice in the matter and listed the case for further consideration on October 29. By scheduling the next hearing for this date, the court has essentially imposed a temporary status quo, requiring all parties to return with definitive information regarding the administrative decisions governing the site. The court’s focus in the coming session is expected to center on reconciling the government’s infrastructure clearance objectives with the statutory protections afforded to the mosque under waqf and heritage preservation frameworks. The outcome of the October 29 hearing will likely determine whether the mosque remains standing or faces further legal challenges regarding its presence on the land.