Delhi HC refuses permission to offer prayer at Akhunji Mosque on Shab E Barat
Feb 23, 2024
New Delhi [India], February 23 : The Delhi High Court on Friday rejected the application seeking permission to offer prayer on Shab E Barat at the site of Akhunji Mosque in Mehrauli.
The said 600-year-old Mosque was demolished by the DDA on January 30 and the site is in the possession of the DDA.
Justice Purushaindra Kumar Kaurav dismissed the plea after hearing the submissions of the parties.
The High Court noted that urgency for passing an appropriate order on the instant application is expressed on the ground mentioned in the instant application which primarily, states that an unhindered entry be allowed in the graveyard and site of the Mosque i.e., Masjid Akhunji, of persons wanting to offer night-long prayers and visit at graves, site of departed elders beginning from thirty minutes before sunset on Sunday, on February 25, 2024 and ending thirty minutes after sunrise on Monday, February 26.
The High Court said that the petitioner ought to have promptly approached this Court seeking relief to offer prayers on the occasion of the festival, the date of which was already known to all concerned.
"Rather, the petitioner has preferred to apply at such a belated stage, pressing for its urgent disposal without giving an opportunity to file a
formal reply," the High Court observed.
The application was moved by the Management Committee of the Delhi Waqf Board.
Permission was sought for locals to enter the site for 30 Minutes on Sunday evening and Monday morning.
The petition against the demolition is pending before the High Court and listed on March 7, 2024.
The High Court said that admittedly the site in question is in possession of DDA and the High Court is seized of the matter which is listed on March 7. At this stage, this court under the facts and circumstances of the case is not inclined to pass any direction. Accordingly, the plea is dismissed.
During the hearing, it was submitted that the mosque was built during the Delhi Sultanate Period 600-700 years ago.
Advocate Shams Khwaja appeared for the Management Committee and argued that the people are celebrating Shab E Barat at the site of generations.
It was also submitted by the counsel that on Shab E Barat people pay respect to their ancestors who had been buried at the graveyard which had been razed.
The Delhi High Court on February 5, directed a status quo on the site after the action by the DDA.
