New Delhi: The Delhi High Court on Monday refused to allow the offering of prayers during the month of Ramzan and on Eid at the demolished 'Akhoondji mosque' site in Mehrauli.
A bench headed by Acting Chief Justice Manmohan directed that an appeal by Muntazmia Committee Madarsa Behrul Ulum and Kabarstan, challenging a single judge's order dismissing its plea seeking permission for devotees to access the mosque for Ramzan and Eid prayers, be listed along with a related matter on May 7.
The court observed that the single judge passed the order on the basis of another order refusing to allow prayers on the occasion of Shab-e-Barat, and a separate appeal challenging this order is coming up for hearing in May.
The counsel for the petitioner urged the court to pass an order, saying that the period of Ramzan as well as Eid would be over by then, but the bench, also comprising Justice Manmeet PS Arora, said no interim order can be passed in the matter at this stage, especially when the single judge had refused to grant the relief nearly a month ago.
"Appeal will have to be heard along with that appeal. The impugned order is of March 11. You waited for so long to get your matter listed. Today, we are on April 8," the court remarked.
"This will have to be heard along with that appeal on May 7. There can be no interim order," added the court.
The appellant's counsel said the committee was not trying to get any "back-door entry". Relying on the Babri Masjid case and Gyanvapi case, he added that constitutional courts have earlier respected religious beliefs and permitted offering of prayers pending legal disputes in relation to shrines.
"If Eid prayers are permitted for an hour, heavens will not fall... A message will go to the people of India, Muslims in particular, that courts are equally enthusiastic about protecting the rights of Muslims," the lawyers argued.
On March 11, the single judge had refused to allow prayers during the month of Ramzan at the 'Akhoondji mosque', while noting that the high court had earlier refused to permit entry of devotees at the site on the occasion of Shab-e-Barat and there was no justification to take a different view.
The single judge had recorded that the land in question was now in the possession of the DDA and it has already passed an order for maintenance of status quo while dealing with the issue of legality of the demolition.
The appellant had urged the single judge bench to issue directions to allow unhindered entry into the site of Masjid Akhoondji to those who wanted to offer the Tarawih prayers during the month of Ramzan Shareef, beginning the sunset of March 11 till Eid-ul-Fitr.
The 'Akhoondji mosque', believed to be over 600 years old, as well as the Behrul Uloom madrasa there, were declared as illegal structures in Sanjay Van and demolished by the DDA on January 30.
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