The Delhi High Court on Thursday, 29 October 2026, said it could not compel the Central government to allow worshippers to offer prayers at the Race Course Masjid near the Prime Minister’s residence, citing safety concerns arising from demolition activity in the surrounding area, as reported in Bar and Bench.
Justice Anish Dayal made the observation after the Central government submitted that the mosque would not be demolished until it had decided on the Delhi Waqf Board’s representation seeking protection for the monument.
Central Government Standing Counsel (CGSC) Ashish Dixit told the Bench that although the mosque would not be demolished pending the decision, access could not be permitted while demolition activity was ongoing in the area. He added that the government was also not allowing access to a temple located in the vicinity.
The Court observed that the government’s submission was fair and said it could not force the authorities to open the mosque for prayers given the safety concerns.
“If somebody gets injured when the demolition is going on, who will pay the compensation? Let them decide [Waqf Board’s representation]. It is a fair submission that has come [that the mosque will not be demolished till the representation is decided]. But we cannot force them to give it for prayers. It’s not the only thing. You are trying to protect the monument,” the Court told the petitioner, a worshipper at the mosque.
Advocate Sufian Siddiqui, appearing for the petitioner, told the Bench that photographs taken on Thursday showed that demolition work had already been carried out and that nothing remained to be demolished. He argued that access to the religious site should therefore be restored.
The Court recorded the submissions made by Dixit and Siddiqui and directed the Central government to file a status report in the matter.
The Court was hearing a petition filed by Syed Ahmed Saud, who alleged that worshippers were being denied access to the mosque. He sought directions allowing worshippers to enter the premises and protection against the mosque’s potential demolition.
Saud has challenged the alleged obstruction of access, arguing that the restrictions violate his fundamental right to practise religion under Article 25 of the Constitution.
According to the petitioner, the mosque is more than 150 years old and was notified as a waqf property in 1977. He has also claimed that the structure enjoys Grade-II heritage recognition under a 2009 notification issued by the Delhi government.
The petition further alleged that electricity and water connections to the mosque were disconnected on October 7 during a demolition drive targeting adjoining jhuggi settlements. Saud claimed that the mosque itself was not included in the list of identified encroachments covered by the demolition exercise.
It also stated that an official of the Land and Development Office (L&DO), accompanied by police personnel, visited the mosque on October 17 and allegedly informed those present that it would be demolished within two to four days.
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