Court orders addition of advocate as respondent to explain custody of rooftop room keys; Security Committee to review security measures at High Court premises
In a recent judgment dated October 12, 2026, the Calcutta High Court addressed concerns regarding an alleged mosque on the rooftop of its building and highlighted significant security issues related to the custody of keys to a rooftop room. The bench comprising Chief Justice Ravindra V. Ghuge and Justice Om Narayan Rai took suo moto cognizance following allegations that persons professing the Mohammedan religion offered prayers at a mosque purportedly constructed on the High Court rooftop.
Pursuant to the Court's earlier order dated September 30, 2026, the Registry conducted an inspection of the rooftop. The inspection report, accompanied by photographic evidence, was submitted in sealed envelopes and later opened in Court. The report conclusively revealed that no mosque exists on the rooftop. Instead, there is a small room containing religious books and literature intended for reading by the Mohammedan community. The room also contained mattresses, plastic chairs, stand fans, a cupboard, and various personal belongings, including buckets and chappals (footwear).
A startling revelation from the inspection was that the keys to the two wooden gates of this rooftop room were held not by the High Court Administration, but by a practising advocate, Mr. Ezaz Hossain. The Court expressed serious concerns over this irregularity, emphasizing that keys to all rooms, court halls, staircases, and premises of the High Court must remain under the custody of the High Court Administration. This is critical to maintaining security and proper supervision of Court premises.
To address this breach, the Court allowed the petitioner, Sanjay Ghosh, to implead Advocate Ezaz Hossain as a respondent in the proceedings. Mr. Hossain was directed to explain how the keys came into his possession and custody. The Court mandated that the petitioner serve a copy of the order on the added respondent forthwith.
Furthermore, the Court directed the Registry to reseal the inspection report and annexures for preservation. The matter was referred to the High Court's Security Committee, comprised of serving judges, to examine and offer guidance on the security protocols concerning the custody of keys and overall security of the Court premises. The Committee's observations are to be submitted before the Court in a sealed envelope for consideration.
The case has been listed for further hearing on December 14, 2026, under the urgent Supplementary/Admissions category.
This judgment highlights the High Court's proactive approach in ensuring the sanctity, security, and administrative control of its premises while addressing sensitive religious concerns transparently and judiciously.
Bottom Line:
High Court building rooftop - On Registry inspection, no Masjid found constructed on rooftop - Court found keys of rooftop room being kept by a practising Advocate to be a serious issue - Advocate directed to be added as respondent and to explain custody of keys - Matter referred to Security Committee for guidance regarding security measures and custody of keys.
Statutory provision(s):
The case pertains to court administration and security protocols governed by High Court Rules and administrative orders.
Sanjay Ghosh v. High Court at Calcutta, (Calcutta)(DB) : Law Finder Doc Id # 2998037
