Cannot allow Nizamuddin Markaz to reopen, Centre tells Delhi high court
Advocate Wajeeh Shafiq, appearing for the Waqf Board, told the court that the mosque, which is under the lock of the Delhi Police, should be reopened as the DDMA has now lifted all restrictions that were imposed on account of the pandemic.
The Union government told the Delhi high court on Friday that it cannot fully reopen the Nizamuddin Markaz building in south-east Delhi and only a few people can be allowed to offer prayers at the mosque in the complex during the festival of Shab-e-Baraat (March 18).
Opposing a plea by the Delhi Waqf Board, seeking the complete reopening of the Markaz building, which was sealed for alleged violations of Covid-19 norms during the Tablighi Jamaat congregation in March 2020, advocate Rajat Nair, appearing for the Centre, told justice Manoj Ohri that the mosque is a case property and the petitioner board has no locus to seek its reopening.
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The counsel said even on earlier occasions, a concession was made to allow a few people to offer prayers, subject to conditions, and the Centre had no objection to such an arrangement this time as well.
On April 15, 2021, the court had allowed 50 people to offer namaz five times a day at the Nizamuddin Markaz during Ramzan, saying there is no direction in the DDMA (delhi Disaster Management Authority) notification to close down places of worship.
Advocate Wajeeh Shafiq, appearing for the Waqf Board, told the court that the mosque, which is under the lock of the Delhi Police, should be reopened as the DDMA has now lifted all restrictions that were imposed on account of the pandemic.
The Board has said last year, during two occasions -- Shab-e-Barat and Ramzan — the high court had permitted prayers in the mosque.
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The application was filed in the Board’s pending petition which has sought the reopening of the premises and contended that even the Unlock-1 guidelines had permitted religious places, outside containment zones, to open. The Markaz — comprising the Banglewali Masjid, Madarsa Kashif-ul-uloom and attached hostel -- continues to be locked up.
It stated that even if the premises were part of any criminal investigation or trial, keeping it “under lock as an out of bound area” was a “primitive method” of enquiry process.
In its affidavit affirmed by the deputy commissioner of police (Crime), the Centre told the court that it was “necessary and incumbent” to “preserve” the Markaz property as the investigation in the case registered for violation of the Covid-19 protocols has “cross borders implications and involves nation’s diplomatic relationship with other countries”.
Several FIRs were registered under the Epidemic Diseases Act, the Disaster Management Act, Foreigners Act and various provisions of the penal code in connection with the Tablighi Jamaat event held at the Nizamuddin Markaz and the subsequent stay of foreigners there during the Covid-19 lockdown in 2020.
The court listed the matter to March 11 for further hearing and asked the petitioner to bring the DDMA order on record.