Masjid incompatible with secular nature of Govt offices: Centre tells Delhi HC it has to be removed

The Central Government has put forth the argument that retaining the century-old Qadeemi Masjid within a secular administrative complex is “impermissible and incompatible with the secular character of Government property” as a reason for its plan to remove the mosque, prompting the Delhi High Court to seek whether there are any rules that deny religious spaces to any community on government land.

The latest submission is the first time the Government has made a clear acknowledgement that the mosque will be removed, as Krishi Bhawan and adjoining Shastri Bhawan are scheduled to be demolished to make way for new buildings under the Central Vista redevelopment project.

During an earlier hearing in December 2021, when the Delhi Waqf Board sought protection for six mosques potentially affected by the project, including Qadeemi Masjid, Solicitor General Tushar Mehta had assured the court that nothing would happen to the properties, The Indian Express reported.

However, hearing the latest submissions, Justice Anish Dayal sought clarity from the Centre’s counsel on the legal basis for denying religious structures a place within government premises, asking whether there were rules prohibiting the provision of prayer facilities for any faith and, if so, what provisions governed the allocation of alternative spaces.

The caretaking committee of Qadeemi Masjid, which is notified as a Waqf property, approached the High Court in September after apprehending its demolition. The concern followed a January 19 tender issued by the Central Public Works Department for the construction of Common Central Secretariat buildings 4 and 5 at the sites of Krishi Bhawan and Shastri Bhawan.

In a status report submitted on October 27, the Land and Development Office under the Union Housing and Urban Affairs Ministry stated that the mosque stood on the project site and “is required to be removed” to facilitate construction.

The Government further argued that the 1940 agreement granting the mosque's managing committee permissive possession was limited to its use as a place of worship and did not confer any right to retain the structure. It added that public land within the central administrative zone could not be reserved permanently for religious purposes.

The committee, meanwhile, has sought protection against demolition and, should retention at the existing site prove incompatible with redevelopment, the provision of a reasonable, nearby and adequate alternative prayer facility.

The Centre has rejected any obligation to provide such space within the Krishi Bhawan compound or Central Secretariat complex, pointing instead to Shahi Masjid Zabta Ganj near India Gate, which it says lies within two kilometres and can serve as an alternative.

The High Court granted the mosque committee time to respond to the Government’s submission, scheduling the next hearing for November 23.