Delhi HC allows reopening of 4 floors of Nizamuddin Markaz, no cap on attendees

This is the same place where the Tablighi Jamaat congregation was held in March 2020 amid the Covid-19 pandemic and had remained shut since then over alleged violation of norms.

The Delhi high court on Wednesday allowed the reopening of four floors of the mosque in the Nizamuddin Markaz building for Shab-e- Baraat festival. It also removed all restrictions on the number of people who can offer prayers at the mosque.

On April 15, 2021, the court had allowed 50 people to offer namaz five times a day at the Nizamuddin Markaz during Ramzan. (HT archive)

This is the same place where the Tablighi Jamaat congregation was held in March 2020 amid the Covid-19 pandemic and had remained shut since then over alleged violation of norms.

Several FIRs were registered under the Epidemic Diseases Act, the Disaster Management Act, the 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 pandemic-induced lockdown in 2020.

On March 15 this year, police had allowed the application of the Delhi Waqf board to reopen the building for prayer in the wake of the festival season.

While allowing the application of the board, police (SHO Nizamuddin) had imposed certain conditions, one of which included limiting the numbers to less than 100.

Questioning the rationale behind limiting the number of devotees, Justice Manoj Kumar Ohri said, "Whose guess work was it? Has there been a restriction on the number of people? Where is the order of restrictions on the number? Once they say that they will maintain Covid protocol, then it is fine. It should be left to the wisdom of the devotees."

"It's agreed that the management will ensure that while allowing the devotees on a particular floor, the Covid protocols and social distancing," the court said in its order.

The court also modified some of the conditions that have been imposed by police while allowing the application of the board in re-opening Banglewali Masjid.

In a recent affidavit, the Centre had opposed full reopening of the Markaz and stated that a few people may be allowed to offer prayers on the upcoming religious occasions.

On March 11, the high court asked the Centre to clarify its stand as to what objection it has to fully reopening the Nizamuddin Markaz, which has remained sealed since March 2020, over alleged violations of Covid-19 norms during a Tablighi Jamaat event.