Incompatible with secular character: Centre says Qadeemi Masjid at Krishi Bhavan to be razed

The Centre maintained that Krishi Bhawan and the Central Secretariat complex are secular government premises exclusively designated for administrative, governmental and public service activities.

In Short

• Govt says retaining a religious structure in office premises violates secularism
• Centre rejects mosque committee's demand for preservation or alternative land
• Govt cites another functional mosque within 2-km radius of Krishi Bhawan

The Centre has told the Delhi High Court that the over-century-old Qadeemi Masjid inside Krishi Bhawan in New Delhi must be removed as part of the Central Vista redevelopment project. It argued that retaining a permanent religious structure within a central government office complex is "impermissible and incompatible with the secular character" of government property.

In an affidavit filed before the High Court, the government maintained that Krishi Bhawan and the Central Secretariat complex are secular public premises meant exclusively for governmental, administrative and public service functions.

"The establishment or retention of a permanent religious structure, or a demand for one, within the confines of a central government office complex is impermissible and incompatible with the secular character of Government property,” the Centre’s counsel Nishant Gautam said.

The Centre said the Central Vista Redevelopment Master Plan envisages rebuilding Common Central Secretariat Buildings 4 and 5 at Plot No. 120, replacing the existing Shastri Bhawan and Krishi Bhawan to modernise infrastructure critical to national governance, news agency PTI reported.

The Centre said the mosque is located within Krishi Bhawan's compound on Dr Rajendra Prasad Road and stands on government land administered and controlled by the L&DO.

The Centre argued that public land in a central administrative zone cannot be subjected to any permanent religious reservation.

The government further submitted that the managing committee of the mosque had been granted only permissive possession under an agreement dated November 8, 1940, which did not confer any right, title or interest in the land.

It, therefore, rejected the committee's demand to preserve the mosque or provide alternative land for its relocation.

Addressing concerns over access to a nearby prayer facility, the government pointed out that another mosque is located within a two-kilometre radius of Krishi Bhawan.

It said the facility is fully functional and can serve as a proximate place of worship for individuals seeking to offer prayers in the vicinity.

The affidavit was submitted in response to a petition filed by the caretaking committee of Qadeemi Masjid, which approached the High Court apprehending the demolition of the historic structure as part of the Central Vista redevelopment project.

During the hearing on November 2, Justice Anish Dayal sought clarification from the Centre on whether any rules specifically prohibit providing space for prayer for a particular community within government premises.

The court asked the government's counsel, Advocate Gautam, to convey the query to Additional Solicitor General (ASG) representing the Centre.

The matter is scheduled to be heard next on November 23.

THE CENTURY-OLD QADEEMI MASJID

Qadeemi Masjid is believed to be more than 100-years-old and is situated within the Krishi Bhawan complex, which is slated for demolition as part of the Central Vista redevelopment initiative.

According to reports, the mosque predates the construction of the government complex and has historically served as a place of worship for Muslim employees working at Krishi Bhawan and nearby government offices.

The Delhi Waqf Board notified the mosque as a Waqf property in 1970, adding another dimension to the dispute over its proposed removal.

During an earlier hearing on September 17, the mosque committee clarified that it was not seeking to obstruct or stall the Central Vista redevelopment project.

Instead, it sought the continuation of a prayer facility within the newly planned structures.

Appearing for the petitioners, senior advocate Salman Khurshid had argued that the committee was seeking a reasonable and proximate arrangement to ensure continuity of the prayer facility, invoking the right to freedom of religion under Article 25 of the Constitution.

However, the said in its reply that no fundamental right under Article 25 of the Constitution is infringed, as there is no right to insist upon worship at a particular place on government land held under a permissive arrangement.

With the Centre firmly opposing both the preservation of the existing mosque and the allotment of alternative land, the dispute will now be taken up again on November 23.

The High Court's response to the government's position and its query on the availability of prayer spaces in government complexes will be crucial to determining the future of the historic mosque.

- Ends
With PTI inputs