The Calcutta High Court has clarified that no mosque has been constructed on the rooftop of its building, after examining a Registry report and photographs. The Division Bench, however, raised questions about why a practising advocate had custody of the keys to a locked room on the rooftop and directed him to explain the arrangement.
The matter, Sanjay Ghosh v. The High Court at Calcutta and Others, was heard in a public interest writ petition numbered WPA(P)/473/2026, along with CAN/1/2026. The Bench comprised Chief Justice Ravindra V. Ghuge and Justice Om Narayan Rai.
In its order dated September 30, 2026, the Court had asked the Registry to inspect the High Court building's rooftop and report whether a mosque existed there and how frequently prayers were offered during the daytime.
When the matter came up on October 12, the petitioner's counsel sought an adjournment because the advocate scheduled to address the Court was unwell. The Bench nevertheless examined the Registry's report and colour photographs submitted in sealed envelopes.
After examining the material, the Court clarified that the structure on the rooftop was a small room containing religious books and literature, rather than a constructed mosque. The inspection also revealed mattresses, plastic chairs, stand fans, a cupboard and other belongings, including water containers and footwear.
The Bench recorded its finding in the order:
“It clear that there is no Masjid constructed on the rooftop of the Calcutta High Court building. The photographs indicate that there is a small room constructed on the rooftop which contains certain books and literature for the purpose of reading for those professing the Mohammedan religion.”
The Court then raised a separate concern about the room's security and access. Both wooden doors had been locked, and the Registry's inquiry revealed that their keys were held by advocate Ezaz Hossain, who was associated with Bar Association Room No. 12.
The Bench questioned why a practising advocate possessed the keys, observing that access keys to rooms, court halls, staircases and other court premises should remain with the High Court Administration.
The order stated:
“We are surprised as to how the keys of the two doors are in the custody of a practising Advocate, Mr. Ezaz Hossain. 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 Bench permitted the petitioner to implead Ezaz Hossain as a respondent and directed that a copy of the order be served on him. He was required to explain how the keys to both rooftop-room doors had come into his custody.
The Court also directed the Registry to place the matter before its Security Committee, comprising serving judges, for guidance on security arrangements and custody of the keys. The committee's observations are to be submitted to the Court in a sealed envelope.
The petition was directed to be listed again on December 14, 2026, in the urgent supplementary/admissions category.
