The Delhi Waqf Board’s Managing Committee requested permission for the locals to observe Shab e-barat on the site of the former Akhoondji/Akhunji mosque, cemetery, and madrassa, which dates back 600 years, but the Delhi High Court rejected their request on Friday.
On January 30, this year, the DDA dismantled the mosque.
The Delhi Waqf Board Managing Committee requested permission from the court to allow residents to access the land between 30 minutes before dusk on Sunday, February 25, and 30 minutes after dawn on Monday, February 26.
Justice Purushaindra Kumar Kaurav rejected the plea and stated that the court was not ready to make a decision at this time.
“Admittedly, DDA currently owns the location in question, and this court has been granted access to the primary writ case, which is scheduled for hearing on March 7. Given the facts and circumstances of the current case, this court is not inclined to issue any directives at this time. Thus, the court ruled that the application be dismissed.
The DDA razed the Behrul Uloom madrasa and the Akhunji mosque in Mehrauli early on January 30.
The mosque was allegedly constructed between 600 and 700 years ago, during the Delhi Sultanate.
On February 5, the Delhi Waqf Board’s Managing Committee petitioned the High Court to restore the status quo on the property where the mosque was located.
Advocate Shams Khwaja represented the Delhi Waqf Board’s Managing Committee at the hearing on Friday. He said that the graveyard, which has since been demolished, was still in use and that the community had been celebrating Shab e-barat in the mosque for many generations.
According to him, those whose ancestors were buried there wish to honour the deceased on Shab e-Barat.
Khwaja went on to say that his prayer will not provide the petitioner with any rights; all he is asking for is permission to enter the place so that worshippers might honour their ancestors.
The Delhi Development Authority disputed the application.
In addition, the Delhi Waqf Board (as opposed to the Delhi Waqf Board Managing Committee) rejected the petition, claiming the petitioners lacked jurisdiction over the land.
After reviewing the submissions, the court denied the application.
It further stated that the primary petition will be listed on March 7, the previously scheduled date.
