Introduction:

In a recent development, the Delhi High Court has rejected a plea seeking permission for prayers and visits to the graves on Shab-e-Barat at the location of the recently demolished 600-year-old Masjid Akhonji in Mehrauli. The mosque, along with Madrasa Bahrul Uloom and several graves, was demolished by the Delhi Development Authority (DDA) on January 30. The court’s decision came in response to an application by the Managing Committee of the Delhi Waqf Board, citing the urgency of Shab-e-Barat, a significant occasion for Muslims.

Arguments of Both Sides:

Advocate Shams Khwaja, representing the Managing Committee, argued for unhindered entry during Shab-e-Barat, emphasizing the mosque’s historical significance and its alleged illegal demolition by DDA officials. The Delhi Waqf Board, represented by opposing counsel, contested the application, questioning the mosque’s age and its status as a waqf property.

Court’s Judgement:

Justice Purushaindra Kumar Kaurav dismissed the application, noting that the site is currently under DDA’s possession, and the main petition is scheduled for a hearing on March 07. The court observed that the prayer for entry constituted a mandatory injunction, and the DDA’s status report confirmed the demolition, maintaining the court-ordered status quo on the site.