New Delhi:

The Delhi High Court on Monday refused to allow prayers to be performed at the site of the demolished ‘Akhoondji Masjid’ in Mehrauli during the month of Ramzan and Eid-ul-Fitr.

A bench headed by Acting Chief Justice Manmohan directed to list with related matters the appeal filed by Mumtaz Miyah Committee Madarsa Behrul Ulum and Kabarstan challenging the single judge’s order dismissing its plea to allow entry of devotees Requests for Ramzan and Eid prayers at mosques. May 7th.

The court noted that the bench passed the order on the basis of another order refusing to allow prayers during Shab-e-Barat and that another appeal against the order will be heard in May.

The petitioner’s counsel urged the court to pass an order saying Ramzan and Eid-ul-Fitr will be over by then, but Justice Manmeet PS Arora said an interim order cannot be passed in the matter at this stage. Especially when the single judge refused to grant relief nearly a month ago.

“The appeal has to be heard along with the appeal. The impugned order was issued on March 11. You waited so long to list your case. Today, we are on April 8,” the court observed.

“This must be heard together with the appeal on May 7. There can be no interim order,” the court added.

Counsel for the appellant said the committee was not trying to gain any “back door entry”. He added that the Constitutional Court had earlier respected religious beliefs and allowed prayers in legal disputes related to holy sites, following the Babri Masjid case and the Gyan Wapi case.

“The sky will not fall if Eid prayers are allowed for one hour… it will send a message to the people of India, especially Muslims, that the courts are equally keen to protect the rights of Muslims,” ​​the lawyers argued.

On March 11, a single bench had refused to allow prayers at the ‘Akhoondji Masjid’ during the month of Ramzan while pointing out that the High Court’s earlier refusal to allow devotees to enter the place on the occasion of Shab-e-Barat was no reason to take a different view.

The sole judge recorded that the land in question is now owned by the DDA and the DDA had passed an order maintaining the status quo while dealing with the question of legality of the demolition.

The appellant urged the single-judge bench to issue directions to allow unhindered access to the Akhounji Masjid site to those who want to perform tarawi prayers during the month of Ramzan Sharif (from sunset on March 11 to Eid-ul-Fitr) .

The ‘Akhoondji Masjid’, believed to be over 600 years old, and the Behrul Uloom madrasa there were declared illegal structures by Sanjay Van and demolished by the DDA on January 30.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)