Only 10 can pray at demolished mosque site: HC

The Delhi high court on Friday disallowed the plea of a charitable society that more than 10 people be allowed to offer prayers on Fridays at the site of a demolished mosque which was built illegally on an encroached piece of land in a posh south Delhi area.

"The land does not belong to you. I have ordered a status quo for a period of two months to facilitate the resolution of the issue. The prayer seeking waiver on the number of 'namazees' cannot be allowed at this stage," Justice G S Sistani said.

The Noor Charitable Society, which had built the mosque and had been managing it, moved an application seeking court's intervention in waiving the condition that only 10 devotees can offer 'namaz' five times a day at the site.

The mosque in Jangpura, "illegally" built on Delhi Development Authority land, was demolished by the agency on January 12, leading to violence in the area.

However, prayers were held at the site later after government stepped in to defuse the tension. "The committee is facing the problem that Friday is coming shortly and in Friday prayer, there will be more number of 'namazees' from the neighbouring area due to which it is praying that at least the condition of 10 persons may kindly be waived only for Friday prayers," the application, filed by advocate Mohd Sajid, said.

The court also rejected the plea that an 'Imam' and two devotees be allowed to remain present at the site to guard the "religious and other materials of the mosque". "Police is already there to protect them. This cannot be allowed," the court said.

Earlier, the court had asked DDA to construct a boundary wall to repossess the plot and allowed 10 members of the community to offer prayers for two months.

It had said the prayers were permitted to facilitate a solution to the issue. "DDA will complete the construction of boundary wall (at the site where illegal mosque was demolished) and leave a gate of 2.5 feet to allow 10 persons of the community, whose names would be furnished to DDA and police, to offer 'namaz' for a period of two months...," Justice Sistani had said.

The court then did not entertain the plea of Jangpura Residents' Welfare Association seeking initiation of contempt proceedings against Chief Minister Sheila Dikshit, Shahi Imam of Jama Masjid Syed Ahmed Bukhari and three Delhi MLAs for instigating people to trespass into the DDA land.

Earlier, the DDA, which has been facing contempt proceedings for not reclaiming its land despite the court's direction, had sought dropping of the proceedings, saying it had already demolished the mosque and repossessed its land.

However, later the locals started offering prayers after erecting a 'shamiana' at the site.