Delhi High Court Denies Permission for Shab-e-Barat Prayers at Demolished Mosque Site

In a recent development, the Delhi High Court on Friday rejected a plea filed by the Managing Committee of Delhi Waqf Board, seeking permission for individuals to offer prayers and visit graves on the occasion of Shab-e-Barat at the site of the recently demolished Masjid Akhonji in Mehrauli. The 600-year-old mosque, along with Madrasa Bahrul Uloom and numerous graves, was demolished by the Delhi Development Authority (DDA) on January 30.

Justice Purushaindra Kumar Kaurav dismissed the application, which aimed to grant unrestricted access to the graveyard and the mosque's site for those wishing to engage in night-long prayers and visit graves on Shab-e-Barat, starting Sunday and concluding 30 minutes after sunrise on Monday. The court stated that, at this stage, it is not inclined to issue any directions, as the DDA currently holds possession of the site. The main petition is already scheduled for a hearing on March 07.

The court emphasized that the prayer sought in the application resembles a mandatory injunction. The respondents, in their status report, confirmed the demolition of the structure, and the court's order of maintaining status quo on the site is in effect. Advocates Shams Khwaja, representing the Managing Committee of Delhi Waqf Board, argued that the urgency of the application was tied to Shab-e-Barat, a forgiveness occasion for Muslims. He claimed the 700-year-old mosque was illegally demolished by DDA officials.

However, the counsel for the Delhi Waqf Board opposed the application, disputing the age of the mosque and asserting it was not a waqf property. The court, after hearing both parties, dismissed the application. Earlier in the month, the court directed the DDA to maintain status quo on the site but clarified that the order only applied to the khasra number where the mosque stood and did not prevent the DDA from taking action on adjoining areas. The Managing Committee of Delhi Waqf Board alleges that the demolition was carried out without regard, leaving the Imam and his family homeless.