Centre asked to clarify stand on reopening of mosque in Nizamuddin Markaz

Justice Manoj Kumar Ohri said if the Centre has no problem in allowing prayers on the first floor, then it should not have any objections to the other floors remaining open as well

The Delhi high court on Friday asked the Union government to clarify its stand by Monday on the reopening of the mosque (Banglewali Masjid) in the Nizamuddin Markaz, which has remained sealed since 2020 over alleged violations of Covid-19 protocols.

The court’s poser came after noting the Union government’s submission that it has no objection to people offering prayers on the first floor of the mosque on the occasion of Shab-e-Barat (March 18-19) and during the month of Ramzan. (HT Archive)

Justice Manoj Kumar Ohri said if the Centre has no problem in allowing prayers on the first floor, then it should not have any objections to the other floors remaining open as well.

“(If) This argument holds good for the first floor, then it holds good for the other floors as well, as long as it is concerning the masjid. In case there is no objection with respect to the first floor, what objection can there be… dehors your submission that you have no objection as far as religious festivals are concerned. Why not for everything?” the court asked.

The court also said the masjid portion of Markaz has already been identified and both the Delhi Waqf Board and the Markaz have no objection to its reopening.

“You also have identified the place from the basement to the fourth floor. Since there is no restriction in the (people) numbers [by DDMA], what objection is there for restriction of the floors?” the court further asked.

The court’s poser came after noting the Union government’s submission that it has no objection to people offering prayers on the first floor of the mosque on the occasion of Shab-e-Barat (March 18-19) and during the month of Ramzan.

This stance is a U-turn from the from the position it took on February 22 when it had told the court that the reopening the Banglewali Masjid, for Shab-e-Barat and Ramzan, will be subject to the Delhi Disaster Management Authority (DDMA) guidelines.

However, on March 4, the Centre’s counsel told the court that the Markaz building cannot be “reopened fully” and only a few persons can be allowed to offer prayers at the mosque.

Opposing a plea by the Delhi Waqf Board seeking the complete reopening of the Markaz building, Centre’s counsel, advocate Rajat Nair, told justice Manoj Ohri that the mosque is a case property and the petitioner board has no locus to seek its reopening.

The Waqf Board, in the petition filed through advocate Wajeeh Shafiq, has sought reopening of the Masjid Banglewali, Madarsa Kashif-ul-uloom, and the attached hostel in Basti Hazrat Nizamuddin, together known as the Markaz complex, which has been sealed since March 2020.

Appearing for the waqf board, senior advocate Sanjoy Ghose told the court that Shab-e-Barat is next week and hence, some orders have to be passed.

“Even at the height of Covid-19, the court had allowed 50 persons (to pray). The joint inspection was done and the mosque premises stand demarcated,” he told the court.

Senior advocate Rebecca John, representing the Markaz management, said there is no provision in the CrPC (criminal procedure code) to close an entire building even if it is case property.

“This is very unfair. Does that mean that because there is an FIR, you close an entire place? Is there any provision under CrPC?,” she said.

Nair told the court that there was no objection in allowing people to offer namaz on the first floor, as per the DDMA guidelines, but if they want all the floors to be reopened, then they have an objection as it was “the final relief”, which cannot be granted at an interim stage.

The court listed the matter to March 14 and asked the Centre’s counsel to make his stand clear on that day while adding, “I want some clarity on your submissions.”

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.