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In a peculiar development, the Calcutta High Court has found that there is no masjid constructed on the rooftop of the High Court building, following an inspection by the Registry, which discovered a small room containing religious literature and other belongings. The Court has sought an explanation from an advocate who was found to be in custody of the keys to the room.

A Division Bench of Chief Justice Ravindra V. Ghuge and Justice Om Narayan Rai was hearing a public interest litigation filed by Sanjay Ghosh concerning the use of the rooftop of the High Court building.

Pursuant to its September 30 order, the Bench had directed the High Court Registry to inspect the rooftop and ascertain whether a masjid had been constructed there where persons professing the Mohammedan religion offered prayers, as well as the frequency of such prayers during daytime.

In its report, accompanied by colour photographs, the Registry found that there was no masjid on the rooftop. The photographs instead showed a small room containing books and literature for reading by persons professing the Mohammedan religion.

The Court noted that the room had two wooden gates, both of which were locked. Upon enquiry, the Registry learnt that the keys were in the custody of advocate Ezaz Hossain, who occupies Bar Association Room No. 12.

After Hossain arrived at the site along with three other advocates, the room was opened. The inspection revealed religious literature, mattresses, plastic chairs, stand fans, a cupboard and other belongings. Buckets, tubs, water pitchers and a basket containing slippers were also found inside.

The Bench expressed surprise over the fact that the keys were in the custody of a practising advocate.

“All the keys to the rooms/doors/Court Halls/staircases, Court premises etc. are to be in the custody of the High Court Administration,” the Court observed.

It further noted that security arrangements in the court premises, buildings and tower were under the supervision and direction of the High Court Administration, and that a Security Committee comprising serving judges of the High Court had also been constituted.

The Bench accordingly permitted the petitioner to implead Hossain as a respondent in the proceedings and directed that the addition be carried out forthwith, dispensing with re-verification.

The Court directed the petitioner to serve a copy of the order on Hossain, who would have to explain how the keys to the two locked doors of the rooftop room had come into his custody.

The Registry was also directed to place copies of the present order and the September 30 order before the High Court's Security Committee. The Bench requested the Committee to offer guidance on security measures concerning the court premises and custody of the keys to the room.

The Committee's observations are to be placed before the Court in a sealed envelope on the next date of hearing.

The matter has been listed for December 14, 2026, in the urgent supplementary/admissions category.

Case: SANJAY GHOSH Versus THE HIGH COURT AT CALCUTTA AND OTHERS

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